LIBRARY 

OF  THK 

UNIVERSITY  OF  CALIFORNIA. 


b 


[WJwle  Number  S4S 


UNITED  STATES  BUREAU  OF  EDUCATION. 

REPRINT  OF  CHAPTER  I  FROM  THE  REPORT  OF  THE  COUM1  — --NKR  OF  EDUCATION 
FOR  1902  AND  OF  CHAPTER  II  OF  THE  REPORT  FuR  iy03. 


L  LAWS  RELATING  TO  AGRICULTURAL 
AND  MECHANICAL  LAND-GRANT 
COLLEGES. 


WASHINGTON: 

GOVERNMENT  PRINTING  OFFICE. 
1905. 


533 

A* 


CHAPTER  T. 

GENERAL   LAWS    RELATING   TO  AGRICULTURAL   AND 
.MECHANICAL  LAX!)   C.KANT  COLLEGES. 


ACTS  OF  CONGRESS. 

AN  ACT  dc  nutir.j;  puMic  l::n--is  to  the  several  States  and  Territories  which  may  pro  vide  colleges 
for  the  iKjnefit  of  agriculture  and  the  mechanic  arts. 

!></  tJt<>  ,S'<  imtr  <tn<l  J/o/'.sr  of  Repr*  writ<'1  ives  of  the  United  States 
of  Anit  ric'i  in  Congres*  '.  That  there  bo  granted  to  the  several  States, 

for  the  purposes  hereinafter  mentioned,  an  amount  of  public  land,  to  be  appor- 
tioned to  each  State  a  quantity  equal  to  30,000  acres  for  each  Senator  and  Repre- 
•  ive  in  Congress  to  which  the  States  are  respectively  entitled  by  the  appor- 
tionment under  the  census  of  1860:  Provided,  That  no  mineral  lands  shall  bo 
selected  or  purchased  under  the  provisions  of  this  act. 

1  ad.  he  it  fnrthrr  cutii-trd.  That  the  land  aforesaid ,  after  being  surveyed, 
shall  be  apportioned  to  the  several  States  in  sections  or  subdivisions  of  sections, 
not  less  than  one- quarter  of  a  section;  and  wherever  there  are  public  lands  in  a  State, 
subject  to  sale  at  private  entry  at  one  dollar  and  twenty-five  cents  per  acre,  the 
uuantitv  to  which  said  State  shall  be  entitled  shall  be  selected  from  such  lands, 
within  the  limits  of  such  State;  and  the  Secretary  of  the  Interior  is  hereby  directed 
to  issue  to  each  of  the  States,  in  which  there  is  not  the  quantity  of  public  lands  subject 
to  sale  at  private  entry,  at  one  dollar  and  twenty-five  cents  per  acre,  to  which  said 
Stat"  may  be  entitled  under  the  provisions  of  this  act,  land  scrip  to  the  amount  in 
I'or  the  deficiency  of  its  distributive  share;  said  scrip  to  be  sold  by  said  States, 
jmd  the  i>vor"r-!s  Us-  r<  ..f  applied  to  the  uses  and  purposes  prescribed  in  this  act, 
and  for  no  other  use  or  purpose  whatsoever:  Provided,  That  in  no  case  shall  any 
State  to  which  land  scrip  may  thus  be  issued  be  allowed  to  locate  the  same  within 
the  limits  of  any  other  State,  or  of  any  territory  of  the  United  States;  but  their 
nay  thus  locate  said  land  scrip  upon  any  of  the  unappropriated  lands 
of  the  United  Slates  subject  to  sale  at  private  entry  at  one  dollar  and  twenty-five 
c'-nts,  or  less,  an  acre:  And  /;/,-/•/'//,/  further.  That  not  more  than  one  million 
shall  be  located  by  such  assignees  in  any  one  of  the  States:  And  provided 
further,  That  no  such  location  shall  be  made  before  one  year  from  the  passage  of 
this  act. 

SEC.  3.  A, id.  (»•  ft  fnit!,.-r  mfictrd.  That  all  the  expenses  of  management,  super- 
intendence and  taxes  from  date  of  selection  of  said  lands,  previous  to  their  sales, 
and  all  expenses  incurred  in  the  management  and  disbursement  of  moneys  which 
may  be  received  therefrom,  shall  be  paid  by  the  States  to  which  they  may  belong, 
out  of  the  Treasury  of  said  States,  so  that  the  entire  proceeds  of  the  sale  of  said 
lands  shall  be  applied,  without  any  diminution  whatever,  to  the  purposes  herein- 
after mentioned. 

SEC.  4.  And  be  itfurtl  •/,  That  all  moneys  derived  from  the  sale  of  the 

lands  aforesaid  by  the  States  to  which  the  lands  are  apportioned,  and  from  the 
sales  of  land  scrip  hereinbefore  provided  for,  shall  be  invested  in  stocks  of  the  United 
States,  or  of  the  States,  or  some  other  safe  stocks,  yielding  not  less  than  five  per 
centum  upon  the  par  value  of  said  stocks;  and  that  the  moneys  so  invested  shall 
constitute  a  perpetual  fund,  the  capital  of  which  shall  remain  forever  undimin- 
ished,  except  so  far  as  may  be  provided  in  section  fifth  of  this  act,  and  the  interest 
of  which  shall  be  inviolably  appropriated,  by  each  State  which  may  take  and 
claim  the  benefit  of  this  act,  to  the  endowment,  support,  and  maintenance  of, 
at  least,  one  college,  where  the  leading  object  shall  be,  without  excluding  other 
scientific  and  classical  studies,  and  including  military  tactics,  to  teach  such 
branches  of  learning  as  are  related  to  agriculture  and  the  mechanic  arts,  in  such 
ED  1902 1  1 


132089 


2  EDUCATION    REPOKT,    1901-1002. 

manner  as  the  Legislatures  of  the  States  may  respectively  prescribe,  in  order  to 
promote  the  liberal  and  practical  education  of  the  industrial  classes  in  the  several 
pursuits  and  professions  in  life. 

SEC.  5.  And  be  it  further  enacted,  That  the  grant  of  land  and  land  scrip  hereby 
authorized  shall  be  made  on  the  following  conditions,  to  which,  as  well  as  to  the 
provisions  hereinbefore  contained,  the  previous  assent  of  the  several  States  shall 
be  signified  by  legislative  acts: 

First,  If  any  portion  of  the  fund  invested,  as  provided  by  the  foregoing  section, 
or  any  portion  of  the  interest  thereon,  shall,  by  any  action  or  contingency,  be 
diminished  or  lost,  it  shall  be  replaced  by  the  State  to  which  it  belongs,  so  that 
the  capital  of  the  fund  shall  remain  forever  undirninished;  and  the  annual  interest 
shall  be  regularly  applied  without  diminution  to  the  purposes  mentioned  in  the 
fourth  section  of  this  act,  except  that  a  sum.  not  exceeding  ten  per  centum  upon 
the  amount  received  by  any  State  under  the  provisions  of  this  act,  may  be  expended 
for  the  purchase  of  lands  for  sites  or  experimental  farms,  whenever  authorized 
by  the  respective  Legislatures  of  said  States; 

Second,  No  portion  of  said  fund,  nor  the  interest  thereon,  shall  be  applied, 
directly  or  indirectly,  under  any  pretense  whatever,  to  the  purchase,  erection, 
preservation,  or  repair  of  any  building  or  buildings; 

Third,  Any  State  which  may  take  and  claim  the  benefit  of  the  provisions  of  this 
act  shall  provide,  within  five  years,  at  least  not  less  than  one  college,  as  prescribed 
in  the  fourth  section  of  this  act,  or  the  grant  to  such  State  shall  cease;  and  said 
State  shall  be  bound  to  pay  the  United  States  the  amount  received  of  any  lands 
previously  sold,  and  that  the  title  to  purchasers  under  the  State  shall  be  valid; 

Fourth,  An  annual  report  shall  be  made  regarding  the  progress  of  each  college, 
recording  any  improvements  and  experiments  made,  with  their  costs  and  results, 
and  such  other  matters,  including  State  industrial  and  economical  statistics,  as 
may  be  supposed  useful;  one  copy  of  which  shall  be  transmitted  by  mail  free, 
by  each,  to  all  the  other  colleges  which  may  be  endowed  under  the  provisions  of 
this  act,  and  also  one  copy  to  the  Secretary  of  the  Interior; 

Fifth,  When  lands  shall  be  selected  from  those  which  have  been  raised  to 
double  the  minimum  price  in  consequence  of  railroad  grants,  they  shall  be  com- 
puted to  the  States  at  the  maximum  price,  and  the  number  of  acres  proportionally 
diminished; 

Sixth,  No  State,  while  in  a  condition  of  rebellion  or  insurrection  against  the 
government  of  the  United  States,  shall  be  entitled  to  the  benefit  of  this  act; 

Seventh,  No  State  shall  be  entitled  to  the  benefits  of  this  act  unless  it  shall 
express  its  acceptance  thereof  by  its  Legislature  within  two  years  from  the  date 
of  its  approval  by  the  President. 

SEC.  6.  And  be  it  further  enacted,  That  land  scrip  issued  under  the  provisions 
of  this  act  shall  not  be  subject  to  location  until  after  the  first  day  of  January,  1863. 

SEC.  7.  And  be  it  further  enacted,  That  land  officers  shall  receive  the  same  fees 
for  locating  land  scrip  issued  under  the  provisions  of  this  act  as  is  now  allowed 
for  the  location  of  military  bounty  land  warrants  under  existing  laws:  Pi^ovided, 
That  maximum  compensation  shall  not  be  thereby  increased. 

SEC.  8.  And  be  it  further  enacted,  That  the  Governors  of  the  several  States  to 
which  scrip  shall  be  issued  under  this  act  shall  be  required  to  report  annually  to 
Congress  all  sales  made  of  such  scrip  until  the  whole  shall  be  disposed  of,  the 
amount  received  for  the  same,  and  what  appropriation  has  been  made  of  the  pro- 
ceeds. (Approved,  July  2,  1862.) 

AN  ACT  To  establish  agricultural  experiment  stations  in  connection  with  the  colleges  estab- 
lished in  the  several  States  under  the  provisions  of  an  act  approved  July  second,  eighteen 
hundred  and  sixty-two,  and  of  the  acts  supplementary  thereto. 

SECTION  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  in  order  to  aid  in  acquiring 
and  diffusing  among  the  people  of  the  United  States  useful  and  practical  inf  orma- 
tion  on  subjects  connected  with  agriculture,  and  to  promote  scientic  investigation 
and  experiment  respecting  the  principles  and  applications  of  agricultural  science, 
there  shall  be  established,  under  direction  of  the  college  or  colleges,  or  agricul- 
tural department  of  colleges,  in  each  State  or  Territory  established,  or  which  may 
hereafter  be  established  in  accordance  with  the  provisions  of  an  act  approved  July 
second,  eighteen  hundred  and  sixty-two,  entitled  "An  act  donating  public  lands 
to  the  several  states  and  territories  which  may  provide  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts,"  or  any  of  the  supplements  of  said  act,  a  depart- 
ment to  be  known  and  designated  as  an  "  agricultural  experiment  station:  "  Pro- 
vided, That  in  any  State  or  Territory  in  which  two  such  colleges  have  been  or  may 
be  so  established,  the  appropriation  hereinafter  made  to  such  State  or  Territory 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  3 

shall  be  equally  divided  between  such  colleges,  unless  the  legislature  of  such  state 
or  territory  shall  otherwise  direct. 

S:.<  .2.  That  it  shall  be  the  object  and  duty  of  said  experiment  stations  to  con- 
duct original  researches  or  verify  the  experiments  on  the  physiology  of  plants  and 
animals;  the  diseases  to  which  they  are  severally  subject,  with  the  remedies  for 
the  same;  the  chemical  composition  of  useful  plants  at  their  different  stages  of 
gr<  >  >vth:  the  comparative  advantages  of  rotative  cropping  as  pursued  under  a  vary- 
•ries  of  crops;  the  capacity  of  new  plants  or  trees  for  acclimation;  the  analysis 
of  soils  and  water;  the  chemical  composition  of  manures,  natural  or  artificial,  with 
i merits  designed  to  test  their  comparative  effects  on  crops  of  different  kinds; 
the  adaptation  and  value  of  grasses  and  forage  plants;  the  composition  and  digesti- 
bilty  of  the  different  kinds  of  food  for  domestic  animals;  the  scientific  and  economic 
questions  involved  in  the  production  of  butter  and  cheese;  and  such  other  re- 
searches or  experiments  bearing  directly  on  the  agricultural  industry  of  the  United 
States  as  may  in  each  case  be  deemed  advisable,  having  due  regard  to  the  varying 
conditions  and  needs  of  the  respective  States  or  Territories. 

.  3.  That  in  order  to  secure  as  far  as  practicable  uniformity  of  methods  and 
results  in  the  work  of  said  stations  it  shall  be  the  duty  of  the  United  States  com- 
missioner of  agriculture  to  furnish  forms,  as  far  as  practicable,  for  the  tabulation 
of  results  of  investigation  or  experiments;  to  indicate,  from  time  to  time,  such 
lines  of  inquiry  as  to  him  shall  seem  most  important;  and  in  general,  to  furnish 
such  advice  and  assistance  as  will  bcfet  promote  the  purposes  of  this  act.  It  shall 
be  the  duty  of  each  of  said  stations  annually,  on  or  before  the  first  day  of  Febru- 
ary, to  make  to  the  governor  of  the  State  or  Territory  in  which  it  is  located,  a,  full 
and  detailed  report  of  its  operations,  including  a  statement  of  receipts  and  expend- 
itures, a  copy  of  which  report  shall  be  sent  to  each  of  said  stations,  to  the  said 
commissioner  of  agriculture,  and  to  the  secretary  of  the  treasury  of  the  United 
States. 

SKO.  4.  That  bulletins  or  reports  of  progress  shall  be  published  at  said  stations 
st  once  in  three  months,  one  copy  of  which  shall  be  sent  to  each  newspaper 
in  the  States  and  Territories  in  which  they  are  respectively  located,  and  to  such 
individuals  actually  i  in  farming  as  may  request  the  same,  and  as  far  as 

the  means  of  the  station  will  permit.  Such  bulletins  or  reports,  and  the  annual 
reports  of  said  stations,  shall  be  transmitted  in  the  mails  of  the  United  States  free 
of  charge  for  postage,  under  such  regulations  as  the  postmaster  general  may  from 
time  to  time  prescribe. 

.  5.  That  for  the  purpose  of  paying  the  necessary  expenses  of  conducting  in- 
-rations  and  experiments,  and  printing  and  distributing  the  results  as  here- 
to prescribed,  the  sum  of  $15,000  is  hereby  appropriated  to  each  State  to  be 
• .lly  provided  for  by  Congress  in  the  appropriations  from  year  to  year,  and  to 
:erritory  entitled  under  the  provisions  of  section  eight  of  this  act,  out  of  any 
money  in  the  treasury  proceeding  from  the  sales  of  public  lands,  to  be  paid  in  equal 
quarterly  payments  on  the  first  day  of  January,  April,  July  and  October  in  each  year, 
to  the  treasurer  or  other  officer  duly  appointed  by  the  governing  boards  of  said 
colleges  to  receive  the  same,  the  first  payment  to  be  made  on  the  first  day  of  Octo- 
IHT,  is.s7:  />,,,,  That  out  of  the  first  annual  appropriation  so  received 

v  station  an  amount  not  exceeding  one-fifth  may  be  expended  in  the  erection, 
enlargement  or  repair  of  a  building  or  buildings  necessary  for  carrying  on  the  work 
of  such  station;  and  thereafter  an  amount  not  exceeding  five  per  centum  of  such 
annual  appropriation  may  be  so  expended. 

.  6.  That  whenever  it  shall  appear  to  the  secretary  of  the  treasury  from  the 
annual  statement  of  receipts  and  expenditures  of  any  of  said  stations,  that  a  portion 
of  the  preceding  annual  appropriation  remains  unexpended,  such  amount  shall  be 
deducted  from  the  next  succeeding  annual  appropriation  to  such  station,  in  order 
that  the  amount  of  money  appropriated  to  any  station  shall  not  exceed  the  amount 
actually  and  necessarily  required  for  its  maintenance  and  support. 

SEC.  7.  That  nothing  iu  this  act  shall  be  construed  to  impair  or  modify  the  legal 
relation  existing  between  any  of  the  said  colleges  and  the  government  of  the  States 
or  Territories  in  which  they  are  respectively  located. 

SEC.  8.  That  in  States  having  colleges  entitled  under  this  section  to  the  benefits 
of  this  act,  and  having  also  agricultural  experiment  stations  established  bylaw  sep- 
arate from  said  colleges,  such  States  shall  be  authorized  to  apply  such  benefits  to 
experiment  stations  so  established  by  such  States;  and  in  case  any  State  shall  have 
established,  under  the  provisions  of  said  act  of  July  second,  aforesaid,  an  agricul- 
tural department  or  experimental  station  in  connection  with  any  university,  college 
or  institution  not  distinctively  an  agricultural  college  or  school,  and  such  State 
shall  have  established,  or  shall  hereafter  establish  a  separate  agricultural  college  or 


4  EDUCATION    KEPORT,  1901-1902. 

school,  which  shall  have  connected  therewith  an  experimental  farm  or  station,  the 
Legislature  of  such  State  may  apply  in  whole  or  in  part  the  appropriation  by  this 
act  made  to  such  separate  agricultural  college  or  school;  and  no  Legislature  shall, 
by  contract  express  or  implied,  disable  itself  from  so  doing. 

SEC,  9.  That  the  grants  of  money  authorized  by  this  act  are  made  subject  to  the 
Legislative  assent  of  the  several  States  and  territories  to  the  purpose  of  said  grants: 
Provided,  That  payment  of  such  installments  of  the  appropriation  herein  made  as 
shall  become  due  to  any  State  before  the  adjournment  of  the  regular  session  of  its 
Legislature  meeting  next  after  the  passage  of  this  act,  shall  be  made  upon  the 
assent  of  the  Governor  thereof  duly  certified  to  the  secretary  of  the  treasury. 

SEC.  10.  Nothing  in  this  act  shall  be  held  or  construed  as  binding  the  United 
States  to  continue  any  payments  from  the  treasury  to  any  or  all  the  States  or  insti- 
tutions mentioned  in  this  act,  but  Congress  may  at  any  time  amend,  suspend  or 
repeal  any  or  all  of  the  provisions  of  this  act.  (Approved,  March  2,  1887.) 

AN  ACT  To  apply  a  portion  of  the  pvoeoecls  of  the  public  lands  to  the  mora  complete  endow- 
ment and  support  of  the  colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts  estab- 
lished under  the  provisions  of  an  act  of  Congress  approved  July  second,  eighteen  hundred  and 
sixty-two. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  there  shall  be,  and  hereby  is,  annually 
appropriated,  out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  aris- 
ing from  the  sale  of  public  lands,  to  be  paid  as  hereinafter  provided,  to  each  State 
and  Territory  for  the  more  complete  endowment  and  maintenance  of  colleges  for 
the  benefit  of  agriculture  and  the  mechanic  arts  now  established,  or  which  may 
be  hereafter  established,  in  accordance  with  an  act  of  Congress  approved  July- 
second,  eighteen  hundred  and  sixty-two,  the  sum  of  fifteen  thousand  dollars  for 
the  year  ending  June  thirtieth,  eighteen  hundred  and  ninety,  and  an  annual 
increase  of  the  amount  of  such  appropriation  thereafter  for  ten  years  by  an  addi- 
tional sum  of  one  thousand  dollars  over  the  preceding  year,  and  the  annual  amount 
to  be  paid  thereafter  to  each  State  and  Territory  shall  be  twenty-five  thousand 
dollars  to  be  applied  only  to  instruction  in  agriculture,  the  mechanic  arts,  the 
English  language  and  the  various  branches  of  mathematical,  physical,  natural  and 
economic  science,  with  special  reference  to  their  applications  in  the  industries  of 
life,  and  to  the  facilities  for  such  instruction:  Provided,  That  no  money  shall  be 
paid  out  under  this  act  to  any  State  or  Territory  for  the  support  and  maintenance 
of  a  college  where  a  distinction  of  race  or  color  is  made  in  the  admission  of  students, 
but  the  establishment  and  maintenance  of  such  colleges  separately  for  white  and 
colored  students  shall  be  held  to  be  a  compliance  with  the  provisions  of  this  act  if 
the  funds  received  in  such  State  or  Territory  be  equitably  divided  as  hereinafter  set 
forth:  Provided,  That  in  any  State  in  which  there  has  been  one  college  established 
in  pursuance  of  the  act  of  July  second,  eighteen  hundred  and  sixty-two,  and  also 
in  which  an  educational  institution  of  like  character  has  been  established,  or  may 
be  hereafter  established,  and  is  now  aided  by  such  State  from  its  own  revenue, 
for  the  education  of  colored  students  in  agriculture  and  the  mechanic  arts,  how- 
ever named  or  styled,  or  whether  or  not  it  has  received  money  heretofore  under 
the  act  to  which  this  act  is  an  amendment,  the  Legislature  of  such  State  may  pro- 
pose and  report  to  the  Secretary  of  the  Interior  a  just  and  equitable  division  of 
the  fund  to  be  received  under  this  act  between  one  college  for  white  students  and 
one  institution  for  colored  students  established  as  aforesaid,  which  shall  be  divided 
into  two  parts  and  paid  accordingly,  and  thereupon  such  institution  for  colored 
students  shall  be  entitled  to  the  benefits  of  this  act  and  subject  to  its  provisions, 
as  much  as  it  would  have  been  if  it  had  been  included  under  the  act  of  eighteen 
hundred  and  sixty-two,  and  the  fulfillment  of  the  foregoing  provisions  shall  be 
taken  as  a  compliance  with  the  provision  in  reference  to  separate  colleges  for 
white  and  colored  students. 

SEC.  2.  That  the  sums  hereby  appropriated  to  the  States  and  Territories  for  the 
further  endowment  and  support  of  colleges  shall  be  annually  paid  on  or  before  the 
thirty-first  day  of  July  of  each  year,  by  the  Secretary  of  the  Treasury,  upon  the 
warrant  of  the  Secretary  of  the  Interior,  out  of  the  Treasury  of  the  United  States, 
to  the  State  or  Territorial  treasurer,  or  to  such  officer  as  shall  be  designated  by 
the  laws  of  such  State  or  Territory  to  receive  the  same,  who  shall,  upon  the  order 
of  the  trustees  of  the  college,  or  the  institution  for  colored  students,  immediately 
pay  over  said  sums  to  the  treasurers  of  the  respective  colleges  or  other  institu- 
tions entitled  to  receive  the  same,  and  such  treasurers  shall  be  required  to  report 
to  the  Secretary  of  Agriculture  and  to  the  Secretary  of  the  Interior,  on  or  before 
the  first  day  of  September  of  each  year,  a  detailed  statement  of  the  amount  so 
received  and  of  its  disbursement.  The  grants  of  moneys  authorized  by  this  act 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  5 

are  made  subject  to  the  legislative  assent  of  the  several  States  and  Territories  to 
the  purpose  of  said  grants:  I'rurided,  That  payments  of  such  installments  of  the 
appropriation  herein  made  as  shall  become  due  to  any  State  before  the  adjourn- 
ment of  the  regular  session  of  legislature  meeting  next  after  the  passage  of  this 
act  shall  be  made  upon  the  assent  of  the  governor  thereof,  dtily  certified  to  the 
Secretary  of  the  Treasury. 

SEC.  3.  That  if  any  portion  of  the  moneys  received  by  the  designated  officer  of 
tho  State  or  Territory  for  the  further  and  more  complete  endowment,  support, 
and  maintenance  of  colleges,  or  of  institutions  for  colored  students,  as  provided 
in  this  act,  shall,  by  any  action  or  contingency,  be  diminished  or  lost,  or  be  mis- 
applied, it  shall  be  replaced  by  the  State  or  Territory  to  which  it  belongs,  and 
until  so  replaced  no  subsequent  appropriation  shall  be  apportioned  or  paid  to  such 
State  or  Territory;  and  no  portion  of  said  moneys  shall  be  applied,  directly  or 
indirectly,  under  any  pretense  whatever,  to  the  purchase,  erection,  preservation, 
or  repair  of  any  building  or  buildings.  An  annual  report  by  the  president  of 
each  of  said  colleges  shall  be  made  to  the  Secretary  of  Agriculture,  as  well  as  to  the 
Secretary  of  the  Interior,  regarding  the  condition  and  progress  of  each  college, 
including  statistical  information  in  relation  to  its  receipts  and  expenditures,  its 
library,  tho  number  of  its  students  and  professors,  and  also  as  to  any  improve- 
ments and  experiments  made  under  the  direction  of  any  experiment  stations  at- 
;l  to  said  colleges,  with  their  costs  and  results,  and  such  other  industrial  and 
economical  statistics  as  may  be  regarded  as  useful,  one  copy  of  which  shall  be 
transmitted  by  mail  free  to  all  other  colleges  further  endowed  under  this  act. 

SRC.  4.  That  on  or  before  the  first  day  of  July  in  each  year,  after  the  passage 
of  this  act,  the  Secretary  of  the  Interior  shall  ascertain  and  certify  to  the  Secre- 
tary of  the  Treasury  us  to  each  State  and  Territory  whether  it  is  entitled  to  receive 
its  share  of  the  annual  appropriation  for  colleges,  or  of  institutions  for  colored  stu- 
dents, under  this  act,  ana  the  amount  which  thereupon  each  is  entitled,  respec- 
ti\  <:ly ,  to  receive.  If  the  Secretary  of  the  Interior  shall  withhold  a  certificate 
from  any  State  or  Territory  of  its  appropriation  the  facts  and  reasons  therefor 
shall  be  reported  to  the  President,  and  tho  amount  involved  shall  be  kept  separate 
in  the  Treasury  until  the  close  of  the  next  Congress,  in  order  that  the  State  or 
Territory  may,  if  it  should  so  desire,  appeal  to  Congress  from  the  determination 
of  the  Secretary  of  the  Interior.  If  the  next  Congress  shall  not  direct  such  sum 
to  be  paid  it  shall  be  covered  into  the  Treasury.  And  the  Secretary  of  the  Inte- 
ri""  is  hereby  charged  with  the  proper  administration  of  this  law. 

.  r>.  That  the  Secretary  of  the  Interior  shall  annually  report  to  Congress  the 
dislmrsri-uynts  which  have  been  made  in  all  the  States  and  Territories,  and  also 
wh«-ther  the  appropriation  of  any  State  or  Territory  has  been  withheld,  and  if  so, 
the  reasons  therefor. 

SEC.  6.  Congress  may  at  any  time  amend,  suspend,  or  repeal  any  or  all  of  the 
provisions  of  this  act.  (Approved^  August  30,  1890.) 


ALABAMA. 

Constitution,  1875,  Article  XIII:  SECTION  1.  The  general  assembly  shall  estab- 
lish, organize,  and  maintain  a  system  of  public  schools  throughout  the  State  for 
the  equal  benefit  of  the  children  between  the  ages  of  7  and  21  years,  but  separate 
schools  shall  be  provided  for  the  children  of  citizens  of  African  descent.  [This 
provision  of  the  constitution  is  inserted  here,  as  upon  it  a  claim  was  based  for  the 
establishment  of  a  "  University  for  Colored  People."] 

SEC.  2.  The  principal  of  all  funds  arising  from  the  sale  or  other  disposition  of 
lands  or 
to  this 
served 
faithfully  applied  to  the  specific  objects  of  the  original  grants  or  appropriations. 

SEC.  3.  All  lands  or  other  property  *  *  *  appropriated  by  the  State  for 
educational  purposes  *  *  *  shall  be  faithfully  applied  to  the  maintenance  of 
the  public  schools. 

SKC.  8.  No  money  raised  for  the  support  of  the  public  schools  of  the  State  shall 
be  appropriated  to,  or  used  for,  the  support  of  any  sectarian  or  denominational 
school. 

SEC.  9.  The  State  university  and  the  agricultural  and  mechanical  college  shall 
each  be  under  the  management  and  control  of  a  board  of  trustees.  *  *  *  The 
board  for  the  agricultural  and  mechanical  college  shall  consist  of  two  members 
from  tha  Congressional  district  in  which  the  college  is  located,  and  one  from  each 


6  EDUCATION    KEPORT,   1901-1902. 

of  the  other  Congressional  districts  in  the  State.  Said  trustees  shall  be  appointed 
by  the  governor,  by  and  with  the  advice  and  consent  of  the  senate,  and  shall  hold 
office  for  a  term  of  six  years,  and  until  their  successors  shall  be  appointed  and 
qualified.  After  the  first  appointment  each  board  shall  be  divided  into  three 
classes,  as  nearly  as  may  be.  The  seats  of  the  first  class  shall  be  vacated  at  the 
expiration  of  two  years,  and  those  of  the  second  class  in  four  years,  and  those  of 
the  third  class  at  the  end  of  six  years  from  the  date  of  appointment,  so  that  one- 
third  may  be  chosen  biennially.  No  trustee  shall  receive  any  pay  or  emolument 
other  than  his  actual  expenses  incurred  in  the  discharge  of  his  duties  as  such. 
The  governor  shall  be  ex-officio  president,  and  the  superintendent  of  education 
ex-officio  member  of  *  *  *  said  board  of  trustees. 

SEC.  10.  The  general  assembly  shall  have  no  power  to  change  the  location  of 
the  *  *  *  agricultural  and  mechanical  college,  as  now  established  by  law, 
except  upon  a  vote  of  two- thirds  of  the  members  of  the  general  assembly,  taken  by 
yeas  and  nays,  and  entered  upon  the  journal. 

Article  IV,  Legislative  Department:  The  legislative  department  [of  Alabama] 
shall  be  vested  in  a  general  assembly,  which  shall  consist  of  a  senate  and  house 
of  representatives. 

SEC.  33.  No  money  shall  be  paid  out  of  the  treasury  except  upon  appropriations 
made  by  law,  and  on  warrant  drawn  by  the  proper  officer  in  pursuance  thereof; 
and  a  regular  statement  and  account  of  receipts  and  expenditures  of  all  public 
moneys  shall  be  published  annually. 

[The  following  matter  is  taken  from  the  official  work  entitled  "The  Code  of  Alabama,  with 
such  statutes  passed  at  the  session  of  1896-97  as  are  required  to  be  incorporated  therein.11— Atlanta, 
Ga.,  1897.] 

Code  of  Alabama  (1897),  article  14:  SEC.  3686.  Incorporation  of  the  college. 
The  governor  and  the  superintendent  of  education,  by  virtue  of  their  respective 
offices,  and  the  trustees  appointed  from  the  different  Congressional  districts  of  the 
States,  under  the  provisions  of  section  9  of  Article  XIII  of  the  constitution,  and 
their  successors  in  office,  are  constituted  a  body  corporate  under  the  name  of  the 
Agricultural  and  Mechanical  College  of  Alabama,  to  carry  into  effect  the  purpose 
and  intent  of  the  Congress  of  the  United  States  in  the  grant  of  lands  by  the  act 
of  July  2, 1862. 

SEC.  3687.  General  powers,  duties,  and  liabilities  of  college.  Such  corporation 
shall  have  all  the  rights,  privileges,  and  franchises  necessary  to  a  promotion  of 
the  end  of  its  creation,  and  shall  be  charged  with  all  corresponding  duties,  liabil- 
ities, and  responsibilities. 

SEC.  3688.  Credit  of  State  pledged  to  payment  of  interest.  For  the  payment  of  the 
interest,  at  the  rate  of  8  per  cent  per  annum,  on  the  fund  of  $253,500,  arising  from 
the  sale  of  the  scrip  for  the  land  donated  in  trust  to  this  State  by  the  act  of  Con- 
gress of  July  2,  1862,  the  faith  and  credit  of  the  State  are  forever  pledged. 

SEC.  3689.  Powers  of  board  of  trustees.  The  board  of  trustees  have  the  power 
to  organize  the  college  by  appointing  a  corps  of  instructors,  who  shall  be  styled 
the  faculty  of  the  college,  and  such  other  instructors  and  officers  as  the  interest  of 
the  college  may  require;  and  to  remove  any  such  instructors  or  officers,  and  to  fix 
their  salaries  or  compensation,  and  increase  or  reduce  the  same  at  their  discretion; 
to  regulate,  alter,  or  modify  the  government  of  the  college  as  they  may  deem 
advisable;  to  prescribe  courses  of  instruction,  rates  of  tuition,  and  fees;  to  confer 
such  academic  and  honorary  degrees  as  are  usually  conferred  by  institutions  of 
similar  character;  and  to  do  whatever  else  they  may  deem  best  for  promoting  the 
interest  of  the  college.  They  shall  also  establish  and  maintain  a  military  depart- 
ment in  the  college,  and  elect  a  commandant  and  such  other  officers  as  may  be 
necessary  for  the  department. 

SEC.  3690.  Classification  of  trustees.  The  trustees  of  the  college  are  divided  into 
three  classes,  as  follows:  The  trustees  from  the  fourth,  fifth,  seventh,  and  ninth 
districts  shall  constitute  the  first  class;  those  from  the  eighth,  sixth,  and  second 
districts  shall  constitute  the  second  class,  and  those  from  the  third  and  first  dis- 
tricts shall  constitute  the  third  class;  and  they  shall  hold  office  and  their  seats  be 
vacated  as  prescribed  by  the  constitution. 

SEC.  3691.  Any  vacancy  in  the  office  of  trustee  occurring  during  the  recess  of 
the  legislature  shall  be  filled  by  appointment  of  the  governor,  such  appointee  to 
hold  until,  at  the  next  session  of  the  legislature  thereafter,  such  vacancy  shall 
be  filled  by  the  governor,  by  and  with  the  consent  of  the  senate;  and  any  trustee 
appointed  to  fill  a  vacancy  by  the  governor,  by  and  with  the  consent  of  the  senate, 
shall  hold  during  the  unexpired  term. 

SEC.  3692.  Time  and  place  of  meeting  of  trustees.  The  board  of  trustees  shall 
hold  their  meetings  at  the  seat  of  the  college  on  the  last  Monday  in  June  of  each 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  7 

year,  unless  the  board  shall  in  regular  session  determine  to  hold  its  meetings  at 
some  other  time  and  place;  and  upon  the  application  in  writing  of  any  four  mem- 
bers of  the  board  the  governor  shall  appoint  a  special  meeting,  naming  the  time 
and  place  thereof,  and  cause  notices  thereof  to  be  issued  to  the  several  members 
of  the  board,  but  such  meeting  shall  not  be  appointed  for  a  day  less  than  twenty 
days  subsequent  to  the  date  of  the  notice. 

SEC.  3693.  Quorum  of  board  of  trustees.  Six  members  of  the  board  of  trustees 
shall  constitute  a  quorum,  but  a  smaller  number  may  adjourn  from  day  to  day 
until  a  quorum  is  present. 

.  3694.  The  certificate  of  the  president  of  the  board  or  in  his  absence  of  the 

:ent  pro  tempore,  countersigned  by  the  secretary,  shall  entitle  the  several 
trustees  to  the  payment  of  their  actual  expenses  incurred  in  the  discharge  of  their 
duties  as  such  trustees. 

.  3695.  No  grant  or  gift,  by  will  or  otherwise,  shall  fail  on  account  of  any 
misnomer  or  informality,  when  the  intent  of  the  grantor  or  donor  can  be  arrived 
at;  nor  shall  any  default,  malfeasance,  or  misfeasance,  or  nonnser  on  the  part  of 
the  trusttt  r  officers  or  agents  of  such  corporation,  work  a  forfeiture  of 

a:iy  of  its  rights,  privileges,  powers,  or  franchises. 

.  3696.  It  shall  be  the  duty  of  the  board  of  trustees  to  make  or  cause  to  be 
made  to  the  general  assembly,  at  each  session  thereof,  a  full  report  of  their  trans- 
actions, and  of  the  condition  of  the  college,  embracing  an  itemized  account  of  all 

»ts  and  disbursements  on  account  of  the  college  by  those  charged  with  the 
administration  of  its  finances. 

SEC.  3697.  Interest  paid  by  treasurer;  when  bond  required  of  officers  or  agents. 
The  State  treasurer  must  pay  the  interest  on  the  fund  of  $253,500  arising  from 

ile  of  land  scrip  quarterly,  as  the  same  may  accrue,  to  the  treasurer  or  other 
authorized  agent  or  officer  of  the  college;  and  on  the  application  of  such  treasurer, 
agent,  or  oftkvr,  the  auditor  shall  draw  his  warrant  on  the  State  treasurer  for  such 

st;  but  in  no  case  shall  any  person  be  authorized  to  receive,  hold,  or  dis- 
burse any  fund  of  the  college  without  having  first  given  bond  conditioned  for  tho 
faithful  performance  of  his  duties. 

.  398.  Experiment  station  of  agricultural  and  mechanical  college.  The 
ini  tresof  the  agricultural  and  mechanical  college  may  establish  and  maintain 
an  agricultural  experiment  station,  at  which  careful  experiments  in  scientific  agri- 
culture shall  1x3  made;  the  ?  >£  shall  be  furnished  the  commissioner 
[of  agriculture)  monthly,  and  he  shall  make  publication  thereof  as  often  as  he 
may  •'  y;  and  if  such  station  is  established  and  maintained,  the  trus- 
tees of  the  hall  cause,  without  charge  therefor,  an  analysis  to  be  made  of 
all  fertilizers  submit  h  d  'ininissioner  for  analysis;  and  one-sixth  of  the 
net  pi  5  from  the  sale  of  fertilizer  tags  shall  be  paid  quarterly  to  the 

•;r»T  (.i  tli«'  agricultural  a?id  mechanical  college  on  the  approval  of  the  gov- 
ernor and  of  the  commissioner,  to  be  disbursed  under  the  direction  of  the  board 
of  trustees  for  the  development  of  the  agricultural  and  mechanical  department  of 
the  college. 

.  A  branch  agricultural  experiment  station,  for  the  purpose  of  conduct- 
ing and  makin/  <>nts  in  scientific  agriculture,  is  established  and  located 
at  or  near  Uniontown,  in  Perry  County,  known  as  the  Canebrake  Agricultural 

imeot  Station. 

SEC.  400.  The  station  is  under  the  general  supervision  and  control  of  a  board 
composed  of  the  commissioner  of  agriculture,  the  director  of  the  experiment  sta- 
tion at  the  agricultural  and  mechanical  college,  and  five  progressive  farmers  to 
be  appointed  by  the  governor,  who  are  actually  engaged  in  cultivating  canebrake 
land,  three  of  whom  must  reside  within  10  miles  of  the  station,  and  who  must  not 
receive  any  compensation  other  than  expenses  actually  incurred  in  visiting  the 
station,  and,  while  there,  supervising  its  affairs. 

SEC.  401.  The  board  has  authority  to  purchase  suitable  lands,  not  exceeding  in 
qiiantity  40  acres,  for  the  use  of  the  station,  taking  the  title  to  the  State,  and  to 
construct  thereon  the  necessary  buildings  and  other  improvements,  not  expending 
more  than  $2,000  in  making  such  purchase  and  in  the  construction  of  such  build- 
ings, and  improvements.  The  board  has  authority  also  to  appoint  and  to  discharge 
at  pleasure  such  officers,  agents,  or  servants  as  are  deemed  necessary  to  the  opera- 
tion of  the  station,  fixing  their  compensation;  and  may  appoint  a  director  to  con- 
duct and  control  the  operations  of  the  station,  under  the  superintendence  and 
direction  and  subject  to  the  rules  and  regulations  of  the  board,  and  may  pay  such 
director  a  reasonable  salary,  not  to  exceed  $250  per  annum. 

SEC.  402.  The  board  must  cause  such  experiments  to  be  made  at  the  station  at 
will  advance  the  interests  of  scientific  agriculture,  particularly  on  canebrake 
lands,  and  to  cause  such  chemical  analyses  to  be  made  as  are  deemed  necessary, 


8  EDUCATION    EEPOET,   1901-1902. 

all  such  analyses,  if  requested,  to  be  made  under  the  supervision  of  the  commis- 
sioner of  agriculture  by  the  chemist  of  the  agricultural  department  without 
charge. 

SEC.  403.  The  expenses  of  the  canebrake  agricultural  experiment  station,  not 
exceeding  $2,500  annually,  must  be  paid  out  of  the  funds  of  the  agricultural 
department  to  the  treasurer  of  the  board  of  control  in  equal  quarterly  installments 
on  the  1st  days  of  January,  April,  July,  and  October. 

SEC.  404.  A  branch  agricultural  experiment  station  and  school  is  established  at 
Athens,  Limestone  County,  in  the  Eighth  Congressional  district,  known  as  the 
North  Alabama  Agricultural  Experiment  Station  and  School;  another  at  Abbe- 
ville, Henry  County,  in  the  Third  Congressional  district,  known  as  the  Southeast 
Alabama  Agricultural  Experiment  Station  and  School;  another  at  Albertville, 
Marshall  County,  in  the  Seventh  Congressional  district,  known  as  the  Northeast 
Alabama  Agricultural  Experiment  Station  and  School;  another  at  Evergreen, 
Conecuh  County,  in  the  Second  Congressional  district,  known  as  the  Southwest 
Alabama  Agricultural  Experiment  Station  and  School;  another  at  Hamilton, 
Marion  County,  in  the  Sixth  Congressional  district,  known  as  the  Sixth  District 
Agricultural  Experiment  Station  and  School;  another  at  Blountsville,  Blount 
County,  in  the  Ninth  Congressional  district,  known  as  the  Ninth  District  Agri- 
cultural Experiment  Station  and  School;  and  three  additional  agricultural  ex- 
periment stations  and  schools,  to  be  located  by  the  governor,  commissioner  of 
agriculture,  and  superintendent  of  education,  may  be  established  in  the  First, 
Fourth,  and  Fifth  Congressional  districts,  respectively,  to  be  known  as  the  — 
District  Agricultural  Experiment  Station  and  School,  respectively,  whenever  the 
inhabitants  of  the  district  shall  convey  to  the  State  for  the  use  of  such  stations 
and  schools,  respectively,  not  less  than  80  acres  of  land,  with  suitable  school 
buildings  thereon  of  not  less  than  $5,000  in  value  as  approved  by  the  commissioner 
of  agriculture.  [On  the  9th  of  December,  1896,  the  foregoing  was  amended  as 
follows:]  No  school  or  experiment  station  shall  be  established  in  either  [any?] 
of  said  Congressional  districts  until  such  district  or  the  citizens  thereof  shall 
donate  and  convey  to  the  State  for  the  use  of  such  station  and  school  real  estate 
and  buildings  not  less  than  $5,000  in  value,  to  be  approved  by  the  commissioner 
of  agriculture:  Provided,  etc. ,  [The  matter  being  local  in  application  and  of  detail.] 

SEC.  405.  Each  of  such  stations  is  under  the  supervision  of  a  board  of  control, 
appointed  by  the  governor,  to  be  composed  of  five  members,  a  majority  of  whom 
shall  be  men  whose  principal  business  is  farming,  who  shall  be  residents  of  the 
respective  Congressional  district  wherein  the  school  for  which  they  are  appointed 
is  located,  and  the  superintendent  of  education  and  the  commissioner  of  agricul- 
ture shall  be  ex  officio  members  of  such  board  of  control.  Such  board  of  control 
may  appoint  an  executive  committee  composed  of  not  less  than  three  members  of 
such  board,  who  shall  exercise  such  powers  consistent  with  the  acts  creating  the 
said  school  as  are  conferred  upon  them  by  the  board  of  control.  Of  the  five  mem- 
bers of  each  board  of  control  appointed  by  the  governor,  one  shall  be  appointed 
for  two  years,  two  for  four  years,  and  two  for  six  years  from  the  date  of  their 
respective  appointments,  and  as  their  terms  expire  the  governor  shall  fill  the  vacan- 
cies, and  the  members  appointed  to  fill  such  vacancies  shall  hold  for  six  years  from 
their  appointments.  And  the  governor,  whenever  he  deems  such  action  necessary 
or  expedient,  shall  have  authority  to  remove  the  board  of  control  of  any  school  or 
any  member  of  such  board.  The  members  of  said  board  must  not  receive  any 
compensation  other  than  traveling  expenses  actually  incurred  in  attending  meet- 
ings of  the  board  of  control. 

SEC.  406.  For  the  support  of  the  nine  branch  agricultural  schools  and  experiment 
stations,  located  in  the  First,  Second,  Third,  Fourth,  Fifth,  Sixth,  Seventh,  Eighth, 
and  Ninth  Congressional  districts,  respectively,  in  the  State  of  Alabama,  there 
shall  be  appropriated  annually  out  of  the  agricultural  fund  the  sum  of  $2.500  to 
each  of  said  schools,  one-fourth  of  such  sum  to  be  paid  quarterly,  to  wit,  January 
1,  April  1,  July  1,  and  October  1  of  each  year,  to  the  treasurer  of  the  board  of  con- 
trol of  such  schools,  provided  there  is  so  much  of  said  fund  not  otherwise  appro- 
priated; and  if  such  fund  is  not  sufficient  to  pay  to  each  of  said  schools  the  said 
sum  of  $2,500,  then  the  same  is  to  be  equally  divided  among  said  schools. 

SEC.  407.  Not  less  than  $500  of  the  sum  so  appropriated  to  each  of  said  schools 
shall  be  used  in  maintaining,  cultivating,  and  improving  the  farms,  respectively, 
and  making  agricultural  experiments  thereon,  under  and  by  direction  of  the 
respective  boards  of  control. 

SEC.  408.  The  treasurer  of  the  board  of  control  shall  give  bond  payable  to  the 
board  of  control,  in  the  sum  of  at  least  $1,000,  conditioned  to  faithfully  keep  and 
disburse  the  funds  of  the  schools,  and  such  board  of  control  may  require  ail  addi- 
tional bond  at  any  time  it  may  deem  necessary. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  9 

SEC.  409.  The  president  or  principal  of  each  of  said  schools  shall  be  the  director 
of  the  respective  school  and  station  in  which  he  is  employed,  and  he  shall  person- 
ally superintend  the  making  of  such  experiments  as  will  advance  the  interests  of 
scientific  agriculture  and  cause  such  chemical  analyses  to  be  made  as  are  deemed 
necessary,  and  perform  such  other  duties  in  reference  to  such  experiment  stations 
as  shall  be  required  of  him  by  the  board  of  control. 

SEC.  410.  The  president  and  board  of  control  of  said  agricultural  schools  and 
experiment  stations  shall,  from  time  to  time,  prepare  bulletins  of  information  for 
farmers  and  reports  of  agricultural  experiments  condticted  by  them  and  answers 
to  questions  that  may  be  asked  them  in  practical  farming  and  veterinary  diseases, 
including  condensed  reports  of  the  experiment  station  at  Uniontown,  and  publish 
the  same  in  all  the  weekly  newspapers  published  in  their  respective  Congressional 
districts  whose  publishers  will  insert  the  same  free  of  charge. 

SEC.  411.  It  shall  be  the  duty  of  the  president  ,or  principal  of  each  of  said 
schools  to  make  to  the  superintendent  of  education,  on  or  before  September  30  of 
each  year,  a  full  report  of  the  financial  condition,  workings,  and  progress  of  said 
school,  embracing  an  itemized  account  of  all  receipts  and  disbursements  of  money 
appropriated  to  such  schools  by  this  article,  and  a  like  report  to  the  commissioner 
of  agriculture  of  the  condition,  expenses,  and  workings  of  the  experiment  station 
connected  with  such  school. 

SEC.  412.  It  shall  be  the  duty  of  the  president  and  principal  of  each  of  such 
schools  to  report  in  writing  quarterly  to  the  board  of  control  an  itemized  account 
of  all  incidental  or  matriculation  fees,  and  all  other  moneys  received  by  him  as 
such  president  or  principal,  together  with  the  disposition  of  the  same.  He  shall 
give  receipts  for  all  moneys  received  and  take  receipts  for  all  moneys  disbursed 
by  him. 

SEC.  413.  Scientific  and  practical  agriculture  shall  be  taught  at  all  the  agricul- 
tural schools,  and  all  male  pupils  over  10  years  of  age  who  receive  free  tuition 
therein  shall  be  required  to  take  the  conrse  in  scientific  agriculture  and  horticul- 
tiire,  and  all  other  pupils  over  the  age  of  10  years  receiving  free  tuition  shall  be 
required  to  take  the  course  in  floriculture  and  horticulture. 

S '•:<'.  414.  None  of  the  said  schools  shall  receive  the  appropriations  provided  for 
in  this  article  or  any  part  thereof  unless  such  school  shall  be  actually  conducting 
an  agricultural  experiment  station  and  agricultural  school,  wherein  such  experi- 
nients  are  made  as  will  tend  to  advance  the  interests  of  scientific  farming. 

.  415.  The  board  of  control  and  president  of  the  faculty  of  said  schools  shall 
adept  a  course  of  study  with  a  view  to  educating  and  training  pupils  for  teachers 
in  the  public  schools  of  this  State,  which  course  of  study  shall  embrace  the  dif- 
ferent grades  adopted  by  the  State;  to  grant  certificates  of  proficiency  or  diplo- 
mas to  such  pupils  as  shall  complete  the  course  of  study  so  adopted:  Provided,  That 
such  certificates  of  proficiency  or  diplomas  shall  not  entitle  the  holder  to  teach  in 
the  public  schools  of  the  State  without  examination. 

SEC.  416.  The  commissioner  [of  agriculture]  is  authorized  and  directed  to  adopt 
annually  such  measures  as  may  be  necessary  to  successfully  conduct  in  different 
sections  of  the  State  farmers'  institutes,  consisting  of  lectures  on  subjects  related 
to  agriculture  by  persons  of  scientific  attainments,  and  by  practical  and  success- 
ful farmers,  with  discussions  relating  thereto,  and  of  such  exhibitions  as  may  be 
found  improving,  instructive,  and  of  practical  value  to  the  farmers  of  the  vicinity 
where  such  institutes  are  held,  a  report  of  which,  with  a  detailed  statement  of  the 
money  expended  in  that  connection,  must  be  embodied  in  his  annual  report. 

SEC.  41 7.  The  commissioner  is  authorized  to  pay  the  necessary  expenses  incurred 
in  conducting  such  farmers'  institiites,  including  the  expense  of  employing  lec- 
turers when  necessary  and  for  distributing  the  reports  thereof,  and  for  this 
purpose  there  is  annually  appropriated  out  of  the  funds  of  the  department  of  agri- 
culture $3,000,  or  so  much  thereof  as  may  be  necessary,  to  be  paid  from  the 
monthly  estimate  and  allowance  for  expenses  of  the  department. 

SEC.  396.  All  moneys  received  by  the  department  from  fees  for  licenses,  from 
sales  of  tags,  from  fees  for  the  registration  of  lands  for  sale,  or  from  any  other 
source  must  be  paid  into  the  State  treasury  monthly. 

Act  approved  February  15,  1897: 

SECTION  1.  A  branch  agricultural  experiment  station  and  agricultural  school 
for  the  colored  race  is  hereby  established  and  located  at  Tuskegee,  Macpn 
County,  to  be  run  in  connection  with  the  Tuskegee  Normal  and  Industrial 
Institute,  and  to  be  known  as  the  Tuskegee  Agricultural  Experiment  Station  and 
Agricultural  School. 

SEC.  2.  The  board  of  control  of  said  station  and  school  shall  be  composed  of 
the  State  commissioner  of  agriculture,  the  president  of  the  Agricultural  and 
Mechanical  College,  and  the  director  of  the  State  experiment  station  at  Auburn, 


10  EDUCATION   REPORT,  1901-1902. 

Ala. ,  and  the  members  of  the  board  of  trustees  of  the  Tuskegee  Normal  and 
Industrial  Institute  who  reside  in  the  town  of  Tuskegee,  and  their  successors, 
who  shall  also  reside  in  the  town  of  Tuskegee,  Ala.  The  members  of  said  board 
shall  not  receive  any  compensation  other  than  expenses  actually  incurred  in 
visiting  the  station  and  school  and  while  there  supervising  its  affairs. 

SEC.  3.  The  said  board  of  control  shall  have  power  to  elect  the  director, 
teachers,  and  such  other  officers,  agents,  and  servants  as  are  deemed  necessary  to 
the  operation  of  the  said  station  and  school,  fixing  their  compensation,  and  shall 
manage  said  school  and  Station  as  in  their  judgment  they  think  best. 

SEC.  4.  For  the  equipment  and  improvement  of  said  station  and  school  there  is 
hereby  appropriated  out  of  the  agricultural  fund  in  the  treasury,  not  otherwise 
appropriated,  the  sum  of  $1,500,  one-fourth  of  said  sum  to  be  paid  quarterly  to 
the  treasurer  of  said  board  of  control,  who  shall  give  bond  in  double  the  amount 
of  the  appropriation,  for  the  safe-keeping  and  faithful  application  of  the  sum 
appropriated,  the  bond  to  be  approved  by  the  judge  of  probate  of  Macon  County 
and  filed  in  his  office,  a  certified  copy  of  which  shall  be  forwarded  to  the  com- 
missioner of  agriculture,  to  be  placed  on  file  in  his  office. 

SEC.  5.  The  trustees  of  the  said  Tuskegee  Normal  and  Industrial  Institute  shall 
furnish  for  the  use  of  said  station  and  school  all  the  necessary  lands  and  build- 
ings, and  for  such  use  they  shall  make  no  charge  against  the  State  of  Alabama. 

SEC.  6.  The  board  of  control  must  cause  such  experiments  to  be  made  at  said  sta- 
tion as  will  advance  the  interest  of  scientific  agriculture,  and  must  cause  such  chem- 
ical analyses  to  bejnade  as  are  deemed  necessary.  All  such  analyses,  if  requested, 
are  to  be  under  the  supervision  of  the  commissioner  of  agriculture  by  the  chemist 
of  the  agricultural  department  without  charge. 

SEC.  7.  The  board  of  control  may  adopt  such  rules  and  regulations  as  they  may 
deem  necessary  for  the  purpose  of  carrying  out  the  provisions  of  this  act.  so  that 
the  colored  race  may  have  the  opportunity  of  acquiring  an  intelligent  and  prac- 
tical knowledge  of  agriculture  in  all  its  various  branches. 

SEC.  8.  It  is  the  purpose  of  this  act  to  appropriate  to  the  support  of  the  experi- 
ment station  established  by  this  act;  the  sums  appropriated  in  this  act  are  appro- 
priated only  for  the  purpose  of  maintaining  and  operating  experimental  stations 
with  the  view  of  educating  and  training  colored  students,  as  herein  named,  in  sci- 
entific agriculture. 

SEC.  9.  The  Alabama  State  Normal  School  for  Colored  Students,  at  Montgomery, 
is  hereby  constituted  an  experiment  station  and  shall  be  under  its  present  board 
of  trustees,  and  $1,000  per  annum  is  hereby  appropriated  out  of  the  treasury  to 
the  credit  of  the  agricultural  department,  not  otherwise  appropriated,  for  the  pur- 
pose of  operating  an  experiment  station  in  connection  with  said  Alabama  State 
Normal  School  for  Colored  Students,  at  Montgomery. 

Act  approved  February  13, 1891. 

SECTION  1.  Inasmuch  as  by  the  act  of  Congress  for  the  more  complete  endow- 
ment and  support  of  the  colleges  for  the  benefit  of  agriculture  and  the  mechanic 
arts,  approved  August  30,  1890,  the  grants  of  money  authorized  by  said  act  are 
made  subject  to  the  legislative  assent  of  the  several  States  and  Territories  to  the 
purpose  of  said  grants,  it  is  hereby  declared  that  the  assent  of  the  general  assembly 
of  the  State  of  Alabama  is  given  to  the  purpose  of  the  grants  made  in  said  act  of 
Congress;  and  the  trustees  of  the  institution  receiving  said  grants  are  hereby 
directed  to  comply  with  the  terms  and  conditions  expressed  in  the  act  aforesaid, 
using  all  moneys  received  under  said  act  of  Congress  faithfully  for  the  purposes 
named  therein. 

SEC.  2.  The  division  of  the  fund  to  be  received  under  said  act  approved  August 
30, 1890,  between  one  college  for  white  students  and  one  institution  for  colored 
students  shall  be  based  from  year  to  year  upon  the  ratio  of  the  number  of  each 
race  of  legal  school  age  to  the  population  of  school  age  in  the  State  of  Alabama, 
as  shown  by  the  State  school  census  next  preceding  the  annual  payment  of  said 
fund  by  the  United  States  Treasury,  said  ratio  being,  for  the  year  1888-9,  white 
(56.6)  fifty-six  and  six-tenths  per  cent,  colored  (43.4)  forty-three  and  four-tenths 
per  cent;  it  being  provided  that  the  division  may  be  at  any  time  modified  by 
the  written  consent  of  the  Secretary  of  the  Interior  of  the  United  States  and  the 
governor  of  Alabama. 

SEC.  3.  That  portion  of  the  grant  of  money  received  by  the  State  of  Alabama 
under  said  act  of  Congress  approved  August  30,  1890,  herein  set  apart  for  the  edu- 
cation of  white  students,  is  appropriated  to  the  Agricultural  and  Mechanical  Col- 
lege of  Alabama,  at  Auburn,  and  that  portion  of  the  said  grant  herein  set  a^art 


LAWS    EELATIXG    TO    LAND-GRANT    COLLEGES.  11 

for  the  education  of  colored  students  is  appropriated  to  the  Huntsville  State 
Normal  and  Industrial  School. 


4.  That  the  money  appropriated  in  this  act  to  the  Agricultural  and  Mechan- 
ical College,  at  Auburn,  and  to  the  Huntsville  State  Colored  Normal  and  Indus- 
trial School  shall  l>e  drawn  from  the  State  treasury,  as  ordered  by  the  trustees 
of  the  said  institutions,  on  the  warrant  of  the  auditor,  approved  by  the  governor. 
(Approved  February  13th,  1891.) 

ARIZONA. 

[The  following  matter  is  taken  from  the  Revised  Statutes  of  Arizona  Territory,  1SOL] 

SEC.  3625.  There  sliall  be  established  in  this  Territory,  at  or  near  the  city  of 
i.  in  the  county  of  Pima,  upon  the  grounds  secured  for  that  purpose,  iii  the 
manner  hereinafter  provided,  an  institution  of  learning  under  the  name  of  the 
"  University  of  Arizona." 

iect  of  the  university  shall  be  to  provide  the  inhabitants  of 
this  Territory  with  the  means  of  acquiring  a  thorough  knowledge  of  the  various 

literature,  science,  and  the  arts. 

r.  The  government  of  the  university  shall  vest  in  a  board  of  regents,  to 

consist  of  a  .president  and  three  members,  who  shall  be  appointed  as  hereinafter 

i»'d.  and  the  Territorial  superintendent  of  public  instruction  and  the  gov- 

ernor of  the  Territory  shall,  during  their  respective  terms  of  office,  be  members  of 

>;mT. 

J.  The  members  of  the  board  of  regents  shall  be  appointed  by  the  gov- 

ernor of  the  Territory,  by  and  with  the  advice  and  consent  of  the  council,  two- 

thirds  of  the  members  of  council  concurring  therein,  and  shall  hold  their  offices, 

•  -!y,  except  those  appointed  to  the  first  board,  for  the  term  of  four  years 

the  first  Monday  of  August  succeeding  their  appointment  and  until  the 

appointment  of  a  successor. 

<>.  The  regents  of  the  university  and  their  successors  in  office  shall  con- 

•  •  a  body  r  with  the  name  and  style  of  the  "  Board  of  regents  of  the 

of  Arizona,"  and  by  that  name  they  and  their  successors  shall  be 

kn:>wn  in  law:  have  perpetual  succession;  may  sue  and  be  sued;  may  purchase, 

•>,  and  hold  property,  real  and  personal,  for  the  benefit  of  the  Territory  of 

>ia  and  the  use  of  said  university;  of  contracting  and  being  contracted  with; 

of  making  and  using  a  common  seal,  and  altering  the  same  at  pleasure. 

i  .  Before  entering  upon  the  discharge  of  the  duties  of  regent  each  of 
the  members  of  said  board  of  regents  shall  execute  a  bond,  with  two  or  more 
sufficient  sureties,  to  be  approved  by  the  governor,  in  the  penal  sum  of  $5,000,  and 
take  and  subscribe  an  oath  of  office  similar  to  the  oath  required  of  other  Terri- 
torial officers,  which  bond  and  oath  shall  be  filed  and  kept  in  the  omce  of  the 
Territorial  treasurer. 

J.  The  regents  shall  appoint  a  secretary,  a  treasurer,  and  a  librarian, 
each  of  whom  shall  hold  office  during  the  pleasure  of  the  board.  It  shall  be  the 
duty  of  the  secretary  to  record  all  the  proceedings  of  the  board,  and  carefully  to 
preserve  all  its  books  and  papers,  and  to  perform  such  other  duties  pertaining  to 
his  office  as  the  board  of  regents  may  from  time  to  time  require.  The  treasurer  shall 
keep  a  true  and  faithful  account  of  all  moneys  received  and  paid  out  by  him,  and 
shall  give  such  bonds  for  the  faithful  performance  of  the  duties  of  his  office  as  the 
board  of  regents  may  require.  The  board  of  regents  shall  appoint  one  of  its  mem- 
bers treasurer  and  one  of  its  -members  secretary,  but  no  one  member  shall  be 
appointed  to  both  the  said  offices  of  treasurer  and  secretary.  The  secretary  shall 
receive  in  full  for  all  compensation  as  such  secretary  the  sum  of  $15  per  month. 
No  compensation  shall  be  paid  to  the  treasurer. 

SEC.  3633.  The  board  of  regents  shall  have  power,  and  it  shall  be  their  duty,  to 
enact  laws  for  the  government  of  the  university;  to  elect  a  chancellor,  who  shall 
be  ex  officio  president  of  the  board  of  regents,  and  when  the  chancellor  is  absent 
from  any  meeting  of  the  board,  the  board  may  appoint  a  president  pro  tern.  ;  they 
may  also  appoint  and  employ  the  requisite  number  of  professors  and  tutors,  and 
such  other  officers  and  employees  as  they  may  deem  expedient,  and  they  shal.also 
determine  the  amount  of  their  respective  salaries. 
SEC.  3634.  The  university  shall  consist  of  five  departments: 

1.  The  department  of  science,  literature,  and  the  arts. 

2.  The  department  of  theory  and  practice,  and  elementary  instruction. 

3.  The  department  of  agriculture. 

4.  The  normal  department. 

5.  The  department  of  mineralogy  and  school  of  mines 


12  EDUCATION   EEPOKT,   1901-1902. 

The  immediate  government  of  the  several  departments  shall  be  intrusted  to  their 
respective  faculties,  but  the  board  or  regents  shall  have  the  power  to  regulate  the 
course  of  instruction,  and  prescribe,  under  the  advice  of  the  holders  of  the  pro- 
fessorships, the  books  to  be  used  and  authorities  to  be  followed  in  the  several  depart- 
ments, and  also  to  confer  such  degrees  and  grant  such  diplomas  as  are  usually 
conferred  and  granted  by  other  universities. 

SEC.  3635.  The  board  of  regents  shall  have  power  to  remove  any  officer  or 
employee  connected  with  the  institution,  other  than  the  chancellor  or  member  of 
the  board  of  regents,  when,  in  their  judgment,  the  interests  of  the  university 
require  it. 

SEO.  3836.  The  fee  of  admission  to  the  university  shall  never  exceed  the  sum  of 
$30,  and  the  charge  for  tuition  in  any  of  the  departments  shall  never  exceed  in 
one  year,  to  the  residents  of  the  Territory,  $50,  and  as  soon  as  the  increase  of  the 
university  fund -will  permit,  the  tuition  in  the  first  and  second  departments  shall 
be  without  charge  to  all  students  in  the  same  who  are  residents  of  the  Territory. 

SEC.  3C37.  The  board  of  regents  are  authorized  to  expend  such  portion  of  the 
income  of  the  university  fund  and  the  funds  hereinafter  provided  for  said  uni- 
versity as  they  may  deem  expedient  for  the  erection  of  suitable  buildings  upon 
the  grounds  hereinafter  provided  for,  and  the  purchase  of  apparatus,  a  library, 
and  cabinet  of  natural  history  and  mineralogy. 

SEC.  3638.  The  board  of  regents  shall  make  a  report  annually  to  the  governor 
of  the  Territory  on  or  before  the  2d  day  of  January  of  each  year,  exhibiting  the 
state  and  progress  of  the  university  in  its  several  departments,  the  course  of  study 
followed,  the  number  of  professors  employed  and  of  students  in  attendance,  the 
amount  of  receipts  and  expenditures,  and  such  other  information  as  they  may 
deem  proper.  Meetings  of  the  board  may  be  called  in  such  manner  as  the  board 
of  regents  may  prescribe,  and  any  two  of  them,  with  the  chancellor,  at  a  meeting 
regularly  called,  shall  be  a  quorum  for  the  transaction  of  business,  and  a  less  num- 
ber may  adjourn  from  time  to  time.  No  sectarian  tenets,  opinions,  doctrines,  or 
principles  shall  be  taught  in  any  of  the  departments  of  said  university,  nor  shall 
adhesion  to  any  sectarian  tenet  or  opinion  be  required  to  entitle  any  person  to  be 
admitted  as  a  student  in  said  university,  and  no  such  tenets  or  opinions  shall  be 
required  as  a  qualification  for  any  person  as  a  regent,  tutor,  or  professor  of  such 
university. 

SEC.  3639.  The  compensation  of  said  board  of  regents  shall  be  $5  per  day  each 
for  each  day's  actual  attendance  upon  said  board,  and  10  cents  per  mile  for  each 
mile  actually  traveled  to  and  from  the  place  of  meeting:  Provided,  That  only  one 
mileage  shall  be  allowed  each  member  for  each  session:  And  provided,  That  no 
member  of  said  board  shall  receive  compensation  in  any  one  year  exceeding  the 
sum  of  $150. 

SEC.  3640.  For  the  support  of  said  university,  in  addition  to  the  provisions  here- 
inbefore made,  there  shall  be,  and  is  hereby,  appropriated  the  proceeds  from  the 
sale  of  all  lands  that  have  been  or  may  hereafter  be  granted  by  the  United  States 
to  the  Territory  for  university  purposes,  or  of  any  moneys  granted  by  the  same 
for  like  purposes,  and  the  proceeds  of  all  lands,  money,  or  other  property  given 
by  individuals  or  appropriated  by  the  Territory  for  the  like  purpose,  all  of  which 
shall  be  and  remain  a  perpetual  fund,  the  interest  or  income  of  which,  together 
with  the  rents  of  all  such  lands  as  may  remain  unsold,  shall  be  inviolably  appro- 
priated and  annually  applied  to  the  specific  object  of  the  original  gift,  grant,  or 
appropriation;  and  no  such  money,  property,  or  proceeds  shall  under  any  pretense 
be  applied,  used,  or  loaned  for  any  uses  or  purposes  whatsoever. 

SEC.  8642.  There  shall  be  a  Territorial  museum  for  the  collection  and  preserva- 
tion of  the  archaeological  resources,  specimens  of  the  mineral  wealth,  and  the 
flora  and  fauna  of  the  Territory. 

SEC.  3643.  The  regents  of  the  university  shall  direct  and  manage  the  affairs  of 
the  museum. 

SEC.  3644.  There  shall  be  set  apart  in  the  rooms  of  the  Territorial  university  a 
sufficient  amount  of  space  to  accommodate  such  articles  as  may  be  received  for 
the  Territorial  museum,  which  shall  be  under  the  direct  supervision  of  the  board 
of  regents  of  the  university. 

SEC.  3649.  Whenever  hereafter  any  student  of  the  University  of  Arizona  shall 
be  expelled  by  the  faculty  or  board  of  regents  of  said  university,  the  said  student 
so  expelled  shall  be  required  to  give  up  to  the  said  board  of  regents  his  cadet's 
uniform. 

SEC.  3650.  The  board  of  regents  is  authorized,  and  is  hereby  required,  upon  the 
surrender  of  the  cadet's  uniform  by  any  student  or  cadet  expelled,  to  pay,  out  of 
any  moneys  on  hand  in  the  "  University  of  Arizona  fund  "  not  otherwise  appro- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  13 

priated,  the  cost  price  of  said  uniform,  the  money  to  be  paid  to  the  parent  or 
guardian  of  said  student  or  cadet. 

SEC.  3651.  Any  student  or  cadet  of  said  University  of  Arizona  who  has  been 
expelled  from  the  said  university  and  after  said  expulsion  is  found  wearing  a 
cadet's  uniform  in  any  public  place  is  guilty  of  a  misdemeanor,  and  on  conviction 
therefor  subject  to  a  fine  of  not  less  than  $10  and,  in  default  of  the  payment  of 
the  fine,  to  five  days'  imprisonment  in  the  county  jail. 

SEC.  3652.  There  shall  be  levied  annually,  in  addition  to  all  other  taxes  directed 
to  be  levied  and  collected,  a  tax  of  three-fifths  instead  of  two-fifths  of  a  mill,  as 
heretofore  provided  by  law,  on  each  $1  of  assessed  value  of  all  real  and  personal 
property  in  the  Territory  of  Arizona,  and,  when  collected,  to  be  placed  by  the  Ter- 
ritorial treasurer  in  the  fund  known  as  the  university  fund.  The  Territorial 
auditor  shall  certify  the  rate  of  tax  as  above  stated  to  the  several  boards  of  super- 
visors throughout  the  Territory,  and  said  board  of  supervisors  are  hereby  directed 
and  required  to  enter  such  rate  on  the  assessment  rolls  of  their  respective  counties 
in  the  same  manner  and  with  the  same  effect  as  is  provided  by  law  in  relation  to 
other  Territorial  or  county  taxes.  The  tax  levied  under  the  authority  of  the  pro- 
visions of  this  act  is  hereby  made  a  lien  against  the  property  assessed,  which  lien 
shall  attach  on  the  first  Monday  in  February  in  each  year,  and  shall  not  be  satisfied 
or  removed  until  such  tax  is  paid. 

SEC.  3653.  The  board  of  regents  of  the  University  of  Arizona  are  authorized  to 
expend  such  portion  of  the  university  fund  and  such  other  funds  as  may  be  pro- 
vided for  the  said  university  as  they  may  deem  expedient  for  the  erection  and  fur- 
nishing of  suitable  buildings  and  the  support  and  maintenance  of  said  university. 

SEC.  3654.  The  Territorial  auditor  is  hereby  authorized  and  directed  to  draw  his 
warrant  on  the  Territorial  treasurer  for  all  claims  approved  and  allowed  by  the 
said  board  of  regents  under  the  provisions  of  this  act,  and  the  Territorial  treas- 
urer is  hereby  authorized  and  directed  to  pay  said  warrants  out  of  any  moneys  in 
the  university  fund. 

SKC.  3655.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  a  loan  of 
$25,000  is  hereby  authorized  to  be  negotiated  and  made  on  the  faith  and  credit  of 
the  Territory  of  Arizona  and  to  bear  interest  at  the  rate  of  5  per  cent  per  annum. 

Si:c.  3656.  The  treasurer  of  the  Territory  of  Arizona  is  hereby  authorized  and 
directed  to  issue  and  deliver  to  said  "  board  of  regents  of  the  University  of  Ari- 
zona," and  said  board  of  regents  are  hereby  authorized  to  sell  not  exceeding  $25,000 
of  the  bonds  of  this  Territory,  bearing  interest  at  5  per  cent  per  annum,  which 
interest  shall  be  payable  annually  in  gold  coin  of  the  United  States  on  the  first 
Monday  in  January  in  each  year  at  the  office  of  the  Territorial  treasurer.  The 
principal  of  said  bonds  shall  be,  and  is,  expressly  made  payable  in  gold  coin  of  the 
United  States,  within  twenty  years  after  the  date  of  their  issue,  and  shall  be  of 
such  denomination  as  the  said  board  of  regents  shall  direct,  and  shall  bear  the 
date  of  their  issue  and  shall  be  signed  by  said  treasurer  of  the  Territory  of  Arizona 
and  countersigned  by  the  president  of  said  board  of  regents  in  his  official  capacity, 
and  shall  have  the  seal  of  the  said  board  of  regents  affixed  thereto,  and  the  faith 
of  the  Territory  of  Arizona  is  hereby  pledged  for  the  payment  of  said  bonds  and 
the  interest  accruing  thereon,  as  herein  provided. 

SEC.  3657.  Coupons  for  the  interest  accruing  on  said  bonds  shall  be  attached 
thereto  severally,  so  that  they  may  be  removed  without  injury  or  mutilation  to 
the  bond.  Said  coupons  shall  be  consecutively  numbered,  and  shall  bear  the 
number  of  the  bond  to  which  they  are  attached,  and  shall  be  signed  by  the  Terri- 
torial treasurer. 

SEC.  3658.  Said  bonds  shall  be  prepared  and  signed  by  the  treasurer  of  the 
Territory  of  Arizona,  with  said  coupons  attached  thereto,  and  delivered  to  said 
board  of  regents  of  the  University  of  Arizona  at  any  time  hereafter  and  as  soon 
as  practicable  after  said  treasurer  shall  have  been  requested  by  said  board  of  regents 
so  to  do,  taking  receipt  of  said  board  therefor. 

SEC.  3859.  The  expense  incurred  by  the  Territorial  treasurer  in  having  said 
bonds  prepared  shall  be  paid  out  of  the  general  fund  of  the  Territory,  from  any 
money  therein  not  otherwise  appropriated,  to  be  expended  only  upon  warrants 
drawn  by  the  Territorial  auditor  upon  the  certificate  of  the  Territorial  treasurer 
that  the  expense  has  been  incurred  and  that  the  claim  is  just. 

SEC.  3660.  It  shall  be  the  duty  of  the  Territorial  treasurer  to  keep  and  transmit 
to  his  successor  a  permanent  record  of  all  bonds  issued  under  the  provisions  of 
this  act,  and  it  shall  be  the  duty  of  said  board  of  regents  of  the  University  of  Ari- 
zona also  to  keep  a  permanent  record  in  the  office  of  said  board  and  of  all  bonds 
sold,  the  name  of  the  purchaser,  and  price  received  by  said  board  under  the  pro- 
visions of  this  act,  and  transmit  to  the  governor  a  certified  copy  of  said  record  as 
soon  as  said  bonds  shall  have  been  sold. 


14  EDUCATION   KEPOKT,   1901-1902. 

SEC.  3661.  The  board  of  regents  of  the  University  of  Arizona  is  hereby  author- 
ized to  demand  of  and  receive  from  the  treasurer  the  bonds  authorized  by  ihis 
act  to  be  issued  and  sold,  or  such  part  of  the  same  as  in  the  judgment  of  this 
board  shall  be  necessary  to  carry  out  the  purposes  of  this  act,  and  after  the  same 
shall  have  been  countersigned  by  the  chancellor  of  the  University  of  Arizona  the 
said  board  of  regents  is  hereby  authorized  to  sell  said  bonds  for  the  purpose  of 
constructing  and  furnishing  upon  the  grounds  of  the  university  the  necessary 
buildings  to  provide  proper  accommodations  for  a  museum,  a  library,  and  admin- 
istrative offices  of  the  university.  Any  moneys  received  by  said  board  from  the 
sale  of  bonds  &nd  not  expended  under  the  provisions  of  this  act  for  constructing 
and  furnishing  said  buildings  as  herein  required  shall  be  paid  into  the  Territorial 
treasury,  and  by  the  treasurer  placed  in  the  university  funds  by  this  act  created. 

SEC.  8662.  Before  the  sale  of  any  of  said  bonds  the  said  board  of  regents  shall 
cause  notice  of  such  sale  to  be  published  in  four  daily  newspapers  published  in 
English,  one  at  the  city  of  New  York,  State  of  New  York;  one  at  the  city  of  San 
Francisco,  State  of  California;  one  at  the  Territorial  capital,  and  one  at  the  city 
of  Tucson,  in  said  Territory.  Such  notice  shall  specify  the  amount  of  bonds  to 
be  sold,  the  rate  of  interest  they  shall  bear,  the  place,  day,  and  hour  of  sale,  and 
that  sealed  proposals  will  be  received  by  said  board  of  regents  within  one  month 
from  the  expiration  of  such  publication,  and  that  none  of  said  bonds  will  be  sold 
for  less  sum  than  their  par  value;  and  at  the  place,  on  the  day  and  hour  named 
in  said  notice,  the  board  of  regents  shall  open  all  sealed  proposals  received  by  it, 
and  shall  award  the  purchase  of  said  bonds  to  the  highest  bidder  or  bidders  there- 
for: Provided,  That  such  bid  shall  not  be  for  a  less  sum  than  the  par  value  of 
said  bonds:  And  provided  further,  That  said  board  of  regents  may  reject  any  and 
all  bids  if  they  deem  it  to  the  advantage  of  the  Territory:  And  provided  further, 
That  if  none  of  said  bids  are  accepted  said  board  of  regents  shall  again  advertise 
said  bonds  for  sale  and  proceed  as  hereinbefore  provided  under  fresh  notice  of 
sale. 

SEC.  3663.  For  the  payment  of  the  interest  on  the  bonds  issued  under  this  act, 
after  such  bonds  shall  have  been  issued,  there  is  hereby  levied  annually,  in  addi- 
tion to  all  taxes  otherwise  directed  to  be  levied  and  collected,  a  tax  of  one-half 
cent  on  each  §100  of  the  assessed  value  of  all  real  and  personal  property  in  the 
Territory  of  Arizona,  to  be  placed  by  the  Territorial  treasurer  in  a  fund  to  be 
known  as  the  "University  interest  fund;"  and  commencing  ten  years  thereafter 
there  shall  be  in  like  manner  annually  levied  and  collected  such  an  additional 
amount  as  shall  pay  $2,500  of  the  principal  of  said  bonds  and  any  amount  of 
interest  accrued  thereon  and  remaining  unpaid  by  said  interest  fund,  to  the  end, 
intent,  and  purpose  that  all  of  the  principal  and  interest  of  said  bonds  shall  be 
fully  paid  during  the  period  of  twenty  years  from  the  date  of  their  issuance.  The 
Territorial  auditor  shall  certify  the  rate  of  tax  computed  by  him  to  the  several 
boards  of  supervisors  throughout  the  Territory  necessary  to  raise  the  required 
amount  for  the  redemption  of  the  bonds  as  above  stated,  and  the  said  boards  of 
supervisors  are  hereby  directed  and  required  to  enter  such  rate  on  the  assessment 
rolls  of  their  respective  counties,  in  the  same  manner  and  with  the  same  effect  as 
is  provided  by  law  in  relation  to  other  Territorial  and  county  taxes.  Every  tax 
levied  under  the  provisions  or  authority  of  this  act  is  hereby  made  a  lien  against 
the  property  assessed,  which  lien  shall  attach  on  the  first  Monday  in  February  in 
each  year,  and  shall  not  be  satisfied  or  removed  until  such  tax  has  been  paid.  All 
moneys  derived  from  taxes  authorized  by  this  section  shall  be  paid  into  the  Ter- 
ritorial treasury  and  shall  be  applied: 

1.  To  the  payment  of  interest  on  the  bonds  issued  by  the  provisions  of  this  act. 

2.  To  the  payment  of  the  principal  of  such  bonds:  Provided,  That  all  moneys 
remaining  in  the  Territorial  treasury,  after  the  payment  of  the  interest  and  prin- 
cipal in  each  year  thereafter,  as  herein  provided,  after  the  issuance  of  any  bonds 
under  this  act,  shall  be  transferred  by  the  Territorial  treasurer  to  a  fund  which 
shall  be  known  as  the  "  University  fund,"  and  the  Territorial  treasurer  is  hereby 
authorized  and  directed  to  open  a  separate  account  with,  and  keep  said  moneys 
so  transferred  to  said  fund,  and  all  other  moneys  which  are  paid  into  said  fund, 
separate,  and  apply  the  same  only  in  payments  of  the  expenses  of  the  mainte- 
nance of  said  university. 

SEC.  3664.  Whenever,  after  the  expiration  of  ten  years  from  the  issuance  of 
any  bonds  under  this  act,  there  remains  after  the  payment  of  the  interest,  as  pro- 
vided in  this  section,  a  surplus  of  $2,500  or  more,  it  shall  be  the  duty  of  the  Terri- 
torial treasurer  to  advertise  for  the  space  of  one  month  in  like  manner  as  said 
board  of  regents  of  university  advertise  for  bids,  as  set  forth  in  section  3662  herein, 
which  advertisement  shall  state  the  amount  in  the  sinking  fund  and  the  number 
of  bonds,  numbering  them  in  order  of  their  issuance,  commencing  at  the  lowest 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  15 

number  then  outstanding,  which  such  fund  is  set  apart  to  pay  and  discharge,  and 
if  such  bonds  so  numbered  in  such  advertisements  shall  not  be  presented  for  pay- 
ment and  cancellation  at  the  expiration  of  such  publications,  then  such  fund  shall 
remain  in  the  treasury  to  discharge  such  bonds  whenever  presented,  but  they  shall 
draw  no  interest  after  the  expiration  of  such  publication.  Before  any  such  bonds 
shall  be  paid  they  shall  be  presented  to  the  Territorial  auditor,  who  shall  indorse 
on  each  bond  the  amount  due  thereon,  and  shall  write  across  the  face  of  each  bond 
the  date  of  its  surrender  and  the  name  of  the  person  surrendering  the  same. 

85.  The  Territorial  treasurer  shall  keep  a  full  and  particular  account 
and  record  of  all  his  proceedings  under  this  act,  and  of  the  bonds  redeemed  and 
surrendered,  and  he  shall  submit  to  the  governor  an  abstract  of  all  his  proceed- 
ings under  this  act  with  his  annual  report,  to  be  by  the  governor  laid  before'fhe 
legislature  biennially,  and  all  books  and  papers  pertaining  to  the  matter  provided 
in  this  act  shall  at  all  times  be  open  to  the  inspection  of  any  party  interested,  or 
•vernor,  or  a  committee  of  either  branch  of  the  legislature,  or  a  joint  com- 
mittee of  both. 

SEC.  8660.  It  shall  be  the  duty  of  the  Territorial  treasurer  to  pay  the  interest  on 
said  bonds  when  the  same  falls  due,  out  of  the  interest  fund,  if  sufficient,  and  if 
said  fund  be  not  sufficient,  then  to  pay  the  deficiency  pnt  of  the  general  fund: 
That  the  Territorial  auditor  shall  first  draw  his  warrant  on  the  Territo- 
rial treasurer,  payable  to  the  order  of  said  treasurer,  for  the  amount  of  interest 
money  about  to  become  due  and  payable  out  of  the  general  fund,  which  said 
interest  warrant  shall  be  drawn  at  least  one  month  previous  to  the  maturing  of 
the  interest. 

SEC.  3667.  This  act  shall  take  effect  immediately,  subject,  however,  to  its  approval 
and  ratification  by  the  Congress  of  the  United  States. 

ARKANSAS. 

Constitution  (1874),  Article  XIV:  SEC.  2.  No  money  or  property  belonging  to 
the  public-school  fund,  or  to  this  State  for  the  benefit  of  schools  or  universities, 
shall  ever  be  used  for  any  other  than  the  respective  purposes  to  which  it  belongs. 

[Tho  following  mattor  is  taken  from  A  Digest  of  the  Statutes  of  Arkansas,  Embracing  all 
.  »f  a  General  [Nature  in  force  at  tho  Close  of  tho  Session  of  the  General  Assembly  of  1893, 
nders  and  Hill.  Columbia,  Mo.,  1894.] 

SEC.  4054.  By  an  act  of  the  general  assembly  of  January  31,  1867,  the  State  of 
Arkansas  signified  and  declared  her  assent  to  the  grant  of  land  and  land  scrip 
authorized  and  contained  in  the  acts  of  Congress  approved  July  2,  1862,  and  July 
23,  I860,  which  terms  and  conditions  were  as  follows: 

First.  The  State  of  Arkansas  will  replace  any  portion  of  the  fund  provided  by 
u  4  of  said  act,  or  any  portion  of  the  interest  thereon,  which  shall  by  any 
1 1  or  contingency  be  diminished  or  lost,  so  that  the  capital  fund  shall  remain 
forever  undiminished ,  and  will  apply  the  annual  interest  thereon  regularly,  with- 
out diminution,  to  the  purposes  mentioned  in  the  fourth  section  of  the  said  act  of 
Congress,  subject  only  to  the  exception  contained  in  section  5  of  the  act  last 
referred  to. 

Srond.  The  State  of  Arkansas,  further  assenting,  agrees  that  no  portion  of  said 
fund,  nor  the  interest  thereon,  shall  be  applied,  directly  or  indirectly,  under  any 
pretense  whatever,  to  the  purchase,  erection,  preservation,  or  repair  of  any  build- 
ing or  buildings. 

Third.  The  State  of  Arkansas  further  agrees  to  provide  at  least  not  less  than  one 
college,  as  prescribed  in  the  fourth  section  of  said  act  of  Congress,  and  in  accord- 
ance with  the  act  amendatory  of  said  act,  and  also  to  pay  the  United  States  the 
amount  received  of  any  lands  previously  sold  to  which  the  title  of  purchasers  was 
valid. 

Fourth.  The  State  of  Arkansas  further  agrees  that  an  annual  report  shall  be 
made  regarding  the  progress  of  each  college,  in  accordance  with  paragraph  4  of 
section  5  of  said  act  of  Congress  of  Jnly  2,  1862. 

SEC.  4055.  By  an  act  of  the  general  assembly  of  March  7,  1889,  the  State  of 
Arkansas  accepted  the  appropriation  and  assented  to  the  terms  contained  in  an  act 
of  Congress  approved  March  2,  1887,  entitled  "An  act  to  establish  agricultural 
experiment  stations  in  connection  with  the  colleges  established  in  the  several  States 
under  the  provisions  of  an  act  approved  July  2, 1862,  and  of  the  acts  supplementary 
thereto. ' '  The  sum  of  $1 5,000  per  annum  was  appropriated  by  said  act  of  Congress 
for  the  maintenance  and  necessary  expenses  of  such  agricultural  experiment  sta- 
tions, and  the  said  sum  was  appropriated  by  the  aforesaid  act  of  the  general  assem- 
bly to  the  Industrial  University.  By  the  aforesaid  act  of  the  general  assembly  the 


16  EDUCATION   REPORT,  1901-1902. 

said  appropriation  was  accepted  and  assented  to  in  trust  for  the  uses  and  pur- 
poses expressed  in  the  aforesaid  act  of  Congress  set  forth  in  the  succeeding  section. 

SEC.  4056.  It  shall  be  the  object  and  duty  of  said  experiment  stations  to  conduct 
original  researches  or  .verify  experiments  on  the  physiology  of  plants  and  animals, 
the  diseases  to  which  they  are  severally  subject,  with  the  remedies  for  the  same; 
the  chemical  composition  of  useful  plants  at  their  different  stages  of  growth;  the 
comparative  advantages  of  rotative  cropping  as  pursued  under  a  varying  series  of 
crops;  the  capacity  of  new  plants  or  trees  for  acclimation;  the  analyses  of  soils  and 
waters;  the  chemical  composition  of  manures,  natural  or  artificial,  with  experi- 
ments designed  to  test  their  comparative  effects  on  crops  of  different  kinds;  the 
adaptation  and  value  of  grasses  and  forage  plants;  the  composition  and  digesti- 
bility of  the  different  kinds  of  food  for  domestic  animals;  the  scientific  and  eco- 
nomic questions  involved  in  the  production  of  butter  and  cheese,  and  such  other 
r>  searches  or  experiments  bearing  directly  on  the  agricultural  industry  of  the 
United  States  as  may  in  each  case  be  deemed  advisable,  having  due  regard  to  the 
varying  conditions  and  needs  of  the  respective  States  or  Territories. 

SEC.  4057.  By  an  act  of  the  general  assembly  of  April  9, 1891,  the  State  of  Arkan- 
sas accepted  the  grant  and  assented  to  the  provisions  of  an  act  of  Congress  of 
August  30,  1890,  for  the  more  complete  endowment  and  support  of  the  colleges 
for  the  benefit  of  agriculture  and  mechanic  arts,  established  under  the  act  of 
Congress  of  July  2,  1862.  One  of  the  conditions  of  said  grant  was  that  in  States 
where  the  white  and  negro  races  were  separately  educated  and  there  was  a  col- 
lege for  the  education  of  the  negro  race,  that  the  State  should  equitably  divide 
said  appropriation.  Pursuant  thereto  the  State  of  Arkansas  divided  the  same  as 
follows:  Eight-elevenths  for  the  Industrial  University,  at  Fayetteville,  and  three- 
elevenths  for  the  Branch  Normal  College  thereof,  at  Pine  Bluif . 

SEC.  4058.  By  the  act  of  Congress  mentioned  in  the  preceding  section  there 
was  provided  an  appropriation  of  $15,000  for  each  State  accepting  the  same  for 
the  year  1890,  and  the  same  sum  and  an  annual  increase  thereof  of  $1,000  addi- 
tional to  the  preceding  year  for  ten  years,  and  the  annual  amount  thereafter  to  be 
$25,000,  said  sum  to  be  applied  only  to  instruction  in  agriculture,  the  mechanic 
arts,  the  English  language,  and  the  various  branches  of  mathematical,  physical, 
natural,  and  economic  science,  with  special  reference  to  their  applications  in  the 
industries  of  life  and  to  the  facilities  for  such  instruction. 

SEC.  4059.  The  State  treasurer  shall  receive,  under  his  official  responsibility,  all 
sums  due  and  to  become  due  from  the  United  States  from  the  appropriation  men- 
tioned in  the  preceding  section  and  pay  the  same  to  the  trustees  of  the  aforesaid 
university  and  branch  thereof  in  the  proportion  aforesaid.  (Act  April  9,  1891, 
sec.  9.) 

SEC.  4060.  The  State  treasurer  shall  be  the  financial  agent  and  trustee  of  the 
State,  to  apply  for  and  receive  of  the  United  States  all  the  land  scrip  to  which  the 
State  may  be  entitled  by  reason  of  the  acceptance  of  the  terms  of  the  act  of  Con- 
gress of  July  2,  1862,  and  acts  amendatory  thereof.  (Act  March  27,  1871,  sec.  1.) 

SEC.  4061.  All  property  or  bonds  donated  or  bid  for  the  location  of  said  univer- 
sity, and  accepted  by  said  board  of  trustees,  shall  constitute  a  part  of  the  funds  of 
said  university. 

SEC.  4062.  It  is  hereby  made  the  absolute  duty  of  the  county  court  of  the  county 
or  corporation  council  issuing  such  bonds  to  annually  levy  a  tax  and  collect  in 
currency  or  overdue  coupons  of  such  bonds  a  sum  fully  sufficient  to  pay  all  accru- 
ing interest  on  such  bonds  and  incidental  expenses  connected  therewith;  and  upon 
failure  to  do  so,  it  shall  be  the  duty  of  any  court  of  competent  jurisdiction,  upon 
the  application  of  any  one  or  more  holders  of  such  bonds,  to  compel  such  county 
court  or  council  forthwith  to  levy  and  collect  such  sums  as  will  fully  pay  all  such 
interest  as  herein  provided  for.  (Act  March  27,  1871,  sees.  9  and  10.) 

SEC.  4063.  It  shall  be  the  duty  of  the  county  court  of  the  county  of  Washington, 
at  each  annual  meeting  held  for  the  purpose  of  levying  taxes,  to  provide  for  the 
levy  of  a  tax  of  1  mill  on  each  one  dollar's  worth  of  taxable  property,  to  be  paid 
into  the  county  treasury  as  a  sinking  fund  to  be  set  apart  and  kept  for  the  sole 
purpose  of  liquidating  the  thirty-year  8  per  cent  bonds,  known  as  "college  bonds," 
held  in  trust  by  the  State  of  Arkansas  for  the  benefit  of  the  Arkansas  Industrial 
University. 

SEC.  4064.  It  shall  be  the  duty  of  the  treasurer  of  said  county,  when  the  said 
taxes,  as  provided  in  section  4063,  shall  have  been  collected  and  paid  to  him  annu- 
ally under  the  direction  of  the  county  court  of  said  county,  to  invest  the  same  to 
the  best  possible  advantage  in  interest-bearing  bonds  or  securities  of  the  State  of 
Arkansas  or  of  any  other  State  bearing  the  highest  rate  of  interest  and  deemed 
good  and  safe.  And  the  said  county  treasurer  shall  also,  in  like  manner,  as  the 


LAWS    KELATING    TO    LAND-GRANT    COLLEGES.  17 

interest  shall  accrue  and  be  collected  on  the  investments  aforesaid,  from  time  to 
time  invest  said  interest  in  interest-bearing  bonds  or  good  securities. 

i.  4065.  It  shall  be  the  duty  of  the  city  council  of  the  city  of  Fayetteville,  in 
said  county  of  Washington,  at  each  annual  meeting  held  for  the  purpose  of  levy- 
ing taxes,  to  provide  for  the  levy  of  a  tax  of  1  mill  on  each  one  dollar's  worth 
of  taxable  property,  to  be  paid  into  the  city  treasury  as  a  sinking  fund,  set  apart 
and  kept  for  the  sole  purpose  of  liquidating  the  thirty-year  8  per  cent  bonds, 
known  as  "college  bonds,"  held  in  trust  by  the  State  of  Arkansas  for  the  benefit 
of  the  Arkansas  Industrial  University. 

SEC.  4066.  It  shall  be  the  duty  of  the  treasurer  of  said  city,  when  the  said  taxes 
provided  for  in  section  4065  shall  have  been  collected  and  paid  to  him  annually 
under  the  direction  of  the  city  council  of  said  city,  to  invest  the  same  to  the  best 
possible  advantage  in  interest-bearing  bonds  or  securities  of  the  State  of  Arkansas 
or  of  any  other  Stair  bearing  the  highest  rate  of  interest  and  deemed  good  and 
safe;  and  the  said  city  treasurer  shall  also,  in  like  manner,  as  the  interest  shall 
accrue  and  be  collected  on  the  investments  aforesaid,  invest  said  interest  in 
interest-bearing  bonds  or  securities  as  aforesaid.  (Act  March  28,  1885.) 

SEC.  4067.  The  governor  of  the  State  of  Arkansas,  by  and  with  the  consent  of 
the  senate,  shall  appoint,  and  there  is  hereby  created,  a  board  of  six  trustees  for  the 
Arkansas  Industrial  University,  to  be  appointed  one  from  each  Congressional 
district,  to  be  composed  of  representatives  of  the  agricultural,  mechanical,  and 
literary  pursuits  of  life  as  nearly  as  possible,  who  shall  hold  their  office  for  the 
term  of  six  years  from  the  date  of  their  appointment  and  until  their  successors 
are  appointed  and  qualified:  Provided,  When  the  first  appointment  is  made  under 
the  provisions  of  this  act,  two  members  of  said  board  shall  be  appointed  for  the 
term  of  two  years,  two  for  four  years,  and  two  for  six  years;  and  every  two 
years  thereafter  two  members  (if  said  board  shall  be  appointed  for  the  term  of 
six  years.  The  governor  shall  be,  ex  officio,  president  of  said  board,  and  in  all 
of  tie  votes  shall  cast  the  deciding  vote;  and  in  his  absence  the  board  shall 
cl«'i-t  a  presiding  oftic-  r.  A  less  number  than  a  quorum  may  adjourn  from  time 
to  time.  (Act  March  30,  1887,  sec.  1 ,  as  amended  by  act  March  31,  1891.) 

SEC.  4068.  Said  board  is  mad*1  a  body  politic  and  corporate,  and  shall  have  all 
the  powers  of  a  corporate  body,  subject  to  the  constitution  and  laws  of  the  State 
of  Arkansas.  :uid  possess  all  the  powers  and  authority  now  possessed  by  the  board 
of  trustees  of  said  university  under  existing  laws,  and  shall  make  and  subscribe 
an  affidavit  before  entering  upon  their  respective  duties,  to  faithfully,  diligently, 
and  impartially  discharge  the  duties  of  their  office.  (Act  March  30, 1887,  sec.  2.) 

Si.c.  40(>9.  The  board  of  trustees  shall  have  power  to  prescribe  all  rules  and 
ivgultitions  for  the  government  and  discipline  of  said  university,  subject  to  the 
provisions  of  this  chapter  and  such  other  acts  of  the  general  assembly  as  may 
hereafter  be  prescribed.  (Ib.,  sec.  4.) 

SEC.  4070.  The  board  of  trustees  shall  cause  to  lie  made  an  annual  report  of  the 
operations  and  condition  of  the  agricultural  and  mechanical  departments  of  said 
university,  which  shall  include: 

First.  A  statement  of  the  number  of  acres  in  cultivation  on  the  college  farm> 
the  kind  of  crops  raised,  and  the  numlx'r  of  acres  of  each  kind. 

Second.  The  manner  of  the  preparation  of  the  soil  for  the  various  crops,  methods 
of  seeding  and  planting,  kind  and  variety  of  seeds,  manner  of  cultivating  and  of 
harvesting. 

Third.  The  several  kinds  and  descriptions  of  all  implements  used  in  the  various 
stages  of  the  different  crops,  with  reports  on  their  utility  and  adaptation  for  the 
purposes  used. 

Fourth.  The  time  of  preparation  of  the  soil,  sowing,  planting,  cultivating,  and 
harvesting,  and  a  general  statement  of  the  weather  and  its  influence  upon  the 
several  crops. 

Fifth.  The  kinds  of  fertilizers  used  and  crops  to  which  they  were  applied,  the 
tim<-  and  manner  of  application,  and  the  several  results. 

Sixth.  A  detailed  and  systematic  account  of  the  number  of  days'  work,  of  ten 
working  hours  each,  of  men  and  teams  in  the  production  of  each  separately 
treated  crop,  said  statement  of  labor  to  be  in  three  divisions:  First,  up  to  the  time 
the  seed  are  deposited  in  the  ground;  secondly,  during  cultivation;  thirdly,  while 
harvesting  and  preparing  the  crop  for  market. 

Seventh.  A  full  and  accurate  yield  per  acre,  by  weight  or  measure,  of  all  crops 
raised  on  the  farm,  distinguishing  between  the  several  kinds  of  treatment  as  to 
fertilizers  used,  and  depth  of  plowing,  difference  of  cultivation,  times  of  harvest- 
ing, kind  or  variety  of  seed  used. 

ED  1902 2 


18  EDUCATION    EEPORT,  1901-1902. 

Eighth.  Kind  and  quantity  of  machinery  and  tools  used  in  the  mechanical 
department;  the  kind  and  quality  of  each  shop  or  division  of  said  department, 
and  an  approximate  cost  of  production  of  each  article  manufactured.  (Act  March 
30,  1887,  sec.  10.) 

SEC.  4071.  The  board  of  trustees  shall  meet  annually,  and  shall  have  power  to 
hold  adjourned  meetings  when  the  business  of  the  university  actually  requires  it, 
or  the  president  of  the  board  may  call  a  meeting  of  the  board  when  he  is  satisfied 
the  interests  of  the  university  require  it  or  when  five  members  of  the  board  peti- 
tion him  to  do  so.  (Act  May  30,  1874,  sec.  4.) 

SEC.  4073.  The  president  of  the  board  shall  attend  the  meetings  of  the  board 
and  shall  perform  all  such  duties  as  are  herein  required  or  may  be  directed  by 
said  board,  without  salary  or  fees  or  any  compensation  whatsoever,  except  such 
as  he  now  receives  for  other  services  for  the  State;  but  his  own  and  the  trustees' 
necessary  traveling  expenses  and  board  bills  and  other  necessary  incidental 
expenses  in  carrying  this  chapter  into  effect  shall  be  paid  by  the  State,  upon  the 
official  certificate  of  the  person  incurring  such  expense  being  approved  by  the 
president  of  the  board,  which  shall  be  a  voucher  in  the  office  of  the  auditor  of  the 
State.  Said  trustees  shall  each  receive  $2.50  for  each  day  necessarily  consumed 
on  duty  as  such  trustees,  payable  as  above  provided  for.  (Act  March  27,  1871, 
sec.  12,  as  modified  by  subsequent  legislation.) 

SEC.  4074.  Said  board  of  trustees  shall  fix,  and  from  time  to  time  regulate,  the 
fees,  allowances,  salaries,  and  wages  to  be  paid  architects,  inspectors,  professors, 
teachers,  agents,  committees,  servants,  or  other  necessary  employees;  and  they 
shall  observe  rigid  economy  in  such  expenditures.  (Ib. ,  sec.  16;  but  see  4094  seq. ) 

SEC.  4075.  The  board  of  trustees,  for  any  cause  by  them  deemed  sufficient,  shall 
have  power,  by  majority  vote  taken  at  any  meeting,  to  remove  any  member  from 
said  board:  Provided,  No  member  shall  be  so  removed  without  as  many  as  five  of 
such  trustees  voting  for  such  removal;  and  when  any  member  of  said  board  shall 
be  so  removed  the  votes  of  the  trustees  shall  be  recorded,  and  the  president  of 
the  board  shall  make  a  certificate  showing  the  result  of  such  vote  and  transmit 
tne  same  without  delay  to  the  governor,  who  shall  at  once  declare  the  commission 
which  had  been  issued  to  such  removed  trustee  vacated,  and  appoint  and  commis- 
sion some  competent  man  to  fill  the  vacancy  so  occasioned. 

SEC.  4076.  The  said  board  of  trustees  are  fully  empowered  and  authorized,  either 
as  a  board  or  through  any  committee  they  may  select  or  appoint,  to  inquire  into 
and  fully  investigate  any  and  all  charges  that  have  been  or  may  be  preferred 
against  any  trustee  of  said  board,  or  any  member  of  any  committee  appointed  by 
or  under  the  direction  of  said  board,  or  any  contractor,  architect,  builder,  employee, 
or  agent  or  other  person  acting  by  agreement  with  or  authority  of,  or  under, 
said  board  of  trustees,  or  any  of  the  committees  of  said  board,  in  any  capacity 
whatever;  and  for  the  purposes  of  such  investigations  or  inquiry,  said  board,  or 
any  committee  appointed  by  them,  shall  hold  meetings  in  the  State  at  such  time 
and  place  as  may  be  designated  by  the  board,  or  by  the  committee  so  appointed, 
and  the  chairman  of  the  executive  committee  of  said  board,  for  the  time  being, 
shall  have  full  and  ample  power  to  issue  all  necessary  process  for  summoning  and 
compelling  attendance  of  witnesses  before  such  board  or  committee,  and  may 
impose  upon  all  witnesses  who  refuse  to  obey  such  process,  or  to  testify  fully  and 
explicitly  before  such  board  or  committee  in  reference  to  any  and  all  such  matters 
as  may  be  the  subject  of  inquiry,  all  the  pains  and  penalties  that  might  or  could 
be  imposed  upon  such  witness  by  the  circuit  court  in  any  case  if  he  were  to  fail 
and  refuse  to  appear  and  testify  before  the  proper  circuit  court  of  his  county  in 
a  cause  or  matter  legally  pending  therein,  after  being  duly  summoned  to  appear 
and  testify  therein,  and  said  process,  issued  by  the  chairman  of  said  executive 
committee,  maybe  directed  to  any  sheriff,  coroner,  or  constable  in  this  State;  and 
if  such  officer  fails,  neglects,  or  refuses  to  execute  such  process,  he  shall  be  sub- 
ject to  all  the  forfeitures,  pains,  and  penalties  which  might  or  could  be  imposed 
upon  him  for  failing,  neglecting,  or  refusing  to  serve  necessary  or  proper  process 
from  a  circuit  court  in  his  own  county,  and  such  fine,  imprisonment,  and  penalties 
as  can  be  so  assessed  shall  be  enforced  and  carried  out  upon  the  order  of  such  chair- 
man of  the  executive  committee,  which  chairman  shall  be  required  to  have  no 
commission  to  so  act  except  as  a  member  of  the  board,  and  a  certificate  of  his 
election  or  appointment  to  such  place  by  the  board  of  trustees  or  the  president  of 
such  board. 

SEC.  4077.  The  material  parts  of  all  examinations  and  inquiries  had  by  any  com- 
mittee shall  be  reduced  to  writing  and  laid  before  the  board  for  their  action;  and 
process  under  this  act  shall  run  in  the  name  of  the  State,  and  officers  and  wit- 
nesses shall  execute  and  obey  the  same  without  any  advanced  fee  or  compensa- 
tion, and  their  accounts  or  claims  for  such  service  or  attendance,  or  other  costs 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  19 

arising  in  such  investigation,  shall  be  presented  to  said  board  of  trustees,  and  they 
shall. "through  their  president,  order  certificates  issued  upon  their  treasurer  for 
reasonable  compensation.  (Act  April  5,  1873.) 

SEC.  4078.  The  board  of  trustees  of  the  Arkansas  Industrial  University  at  the 
first  meeting  after  April  1,  1893,  shall  elect  a  secretary  of  the  board  and  a  treas- 
urer of  the  university,  who  shall  hold  their  offices  two  years,  or  until  their  suc- 
cessors are  in  like  manner  appointed  and  qualified. 

SEC.  4079.  Both  of  said  offices  shall  not  be  held  by  the  same  person  at  one  time. 

SEC.  4080.  The  said  secretary  and  treasurer  shall  each  execute  such  bonds  and 
perform  such  duties  as  are  now  required  by  law,  and  under  such  regulations  as 
may  be  prescribed  by  the  said  board  of  trustees. 

SEC.  4081.  The  compensation  allowed  the  secretary  shall  be  fixed  at  $600  per 
annum  and  the  salary  of  the  treasurer  shall  be  fixed  at  $300  per  annum,  and  in  no 
case  shall  the  salary  of  either  officer  for  any  and  all  services  rendered  the  said 
board  of  trustees  of  the  university  be  increased  unless  by  an  act  of  the  general 
assembly.  (Act  April  14,  1893.) 

SEC.  4082.  The  said  treasurer  and  secretary  shall  each  execute  a  bond  to  the 
State  of  Arkansas,  for  the  use  of  the  university,  with  security  approved  by  the 
board  or  the  president  thereof,  in  vacation,  in  such  sum  as  they  may  require,  not  less 
than  $10.000.  for  the  faithful  performance  of  all  the  duties  that  may  appertain  to 
their  respective  offices,  which  bonds  shall  be  filed  in  the  office  of  the  secretary 
of  state.  (Act  March  6,  1875,  sec.  3.) 

SEC.  4083.  It  shall  be  the  duty  of  said  secretary  to  keep,  in  a  well-bound  book 
to  be  furnished  for  that  purpose,  a  true  and  correct  record  of  the  transactions  of 
said  board ,  which  shall  be  open  to  the  inspection  of  any  citizen  of  this  State  at 
all  times  on  demand.  He  shall  also  have  the  custody  of  all  books,  papers,  docu- 
ments, and  other  property  which  may  be  deposited  in  his  office  by  the  order  of 
said  board,  and  also  the  buildings  and  grounds  pertaining  to  said  university,  and 
shall,  from  time  to  time,  and  so  often  as  directed  by  said  board,  prepare  and  trans- 
mit to  the  superintendent  of  public  instruction  reports  of  any  of  the  transactions 
of  said  board  of  trustees  as  may  be  ordered.  (Act  March  30, 1887,  sec.  3.) 

SEC.  4084.  Said  treasurer  shall  at  no  time  draw  from  the  treasurer  of  the  State 
or  have  on  hand  more  than  $10.000,  and  the  same  shall  be  paid  out  as  the  board 
shall  direct.  (Act  March  27, 1871.) 

SEC.  4085.  The  board  shall  have  power  to  remove  such  officers.     (Ib.) 

SEC.  4086.  The  general  assembly,  in  appropriating  moneys  for  the  benefit  of  said 
university,  shall  specify  the  precise  amount  that  it  intends  to  appropriate  for  each 
and  every  purpose,  and  the  trustees  of  said  institution  shall  apply  each  sum  as 
thus  directed,  and  in  no  other  way.  (Act  February  20,  1883.) 

SEC.  4087.  No  appropriation  made  for  any  specific  purpose  shall  be  used  for  any 
other  purpose,  and  the  power  of  contracting  debts  by  the  board  of  trustees  in  the 
absence  of  any  appropriation  is  expressly  prohibited.  (Act  April  4, 1893.) 

SEC.  4088.  (See  act  of  April  19,  1895,  post.) 

SEC.  4089.  Any  vacancies  in  the  number  of  beneficiaries  during  the  terms  of  the 
university  shall  Ix-  filled  by  appointment  by  the  judge  of  the  county  court.  Any 
beneficiaries  appointed  as  herein  prescribed  shall  comply  with  the  rules  and  regu- 
lations provided  by  the  board  of  trustees  in  reference  to  such  beneficiaries. 

SEC.  4090.  It  shall  bo  the  duty  of  the  judge  of  the  county  court,  immediately 
upon  receiving  notification  from  the  board  of  trustees  as  above  provided,  to  give 
notice,  in  the  manner  prescribed  by  law  for  the  publication  of  legal  notices,  of  the 
number  of  beneficiaries  allowed  to  the  county,  and  of  the  time,  manner,  and  place 
of  making  appointments  to  the  same,  and  no  person  shall  be  admitted  to  the  said 
university  as  a  beneficiary  who  has  not  been  appointed  in  accordance  with  the 
provisions  of  this  section. 

SEC.  4091.  By  section  11,  act  March  30, 1887,  provision  was  made  for  the  erection 
of  dormitories  for  the  use  of  the  beneficiaries,  and  provided  that  if  the  beneficiaries 
were  not  sufficient  in  number  to  fill  such  dormitories  the  president  may  permit 
other  students  to  occupy  the  surplus  room. 

SEC.  4092.  Females  may  be  received  as  beneficiaries.  (Act  March  18,  1889, 
amending  sec.  5,  act  March  30,  1887.) 

4093.  The  faculty  of  said  university  shall  consist  of  a  president  and  such 
professors  as  the  board  of  trustees  may  deem  necessary,  whose  compensation  shall 
be  fixed  by  the  board  of  trustees.  One  of  said  professors  shall  be  styled  the  super- 
intendent of  agriculture,  whose  duty  it  shall  be  to  supervise  the  agricultural 
department,  and  to  perform  such  other  duties  as  may  be  necessary  in  order  to 
impart  a  theoretical  and  practical  knowledge  of  the  science  of  agriculture  to  the 
stmients  over  whom  he  shall  have  control.  One  of  said  professors  shall  be  styled 
the  superintendent  of  mechanic  arts,  whose  duty  it  shall  be  to  supervise  the 


20  EDUCATION   EEPORT,   1901-1902. 

mechanical  department,  and  to  perform  such  other  duties  as  may  be  necessary  in 
order  to  impart  to  those  under  his  care  a  theoretical  and  practical  knowledge  of 
the  mechanic  arts:  Provided,  The  board  of  trustees  may  employ  such  assistants 
as  they  may  deem  necessary,  whose  compensation  shall  be  fixed  by  said  board  of 
trustees:  And  provided,  The  manner  of  payment  of  all  salaries  shall  be  regulated 
by  said  board.  (Act  March  31,  1891,  amending  sec.  8,  act  March  30,  1887.) 

SEC.  4094.  The  salary  of  president  of  the  faculty  shall  be  $2,000  per  annum,  paya- 
ble quarterly;  that  of  professors  and  superintendents,  each  the  sum  of  $1,500  per 
annum,  payable  quarterly,  except  the  superintendent  of  agriculture  and  the 
superintendent  of  mechanic  arts,  which  shall  be  $1,600  each.  (Act  March  30, 
1887,  section  9.) 

SEC.  4095.  The  course  of  study  in  said  university  shall  embrace  agricultural 
chemistry,  animal  and  vegetable  anatomy,  and  physiology,  the  application  of 
science  and  the  mechanic  arts  to  practical  agriculture  in  the  field,  veterinary  arts, 
entomology,  rural  and  household  economy  and  horticulture,  practical  mechanic 
arts  as  tatight  in  the  workshops,  the  English  language  and  literature,  mathe- 
matics, civil  engineering,  philosophy,  history,  and  bookkeeping;  including  military 
tactics  and  such  other  branches  of  study  as  the  board  of  trustees  may  prescribe. 

SEC.  4096.  Each  male  student  below  the  sophomore  class  shall  be  compelled,  as 
a  part  of  his  education,  to  work  at  least  two  hours  each  school  day,  either  in  the 
field  or  workshop,  under  the  direction  of  their  respective  superintendents;  the 
labor  to  be  paid  for  at  such  rate  as  may  be  prescribed  by  the  board  of  trustees,  to 
be  applied  to  the  board  of  such  students:  Provided,  Any  student  may  be  allowed 
to  do  extra  work  with  the  consent  of  the  faculty  and  receive  pay  for  the  same. 
(Act  March  31,  1891,  amending  section  6,  act  March  30,  1887.) 

SEC.  4097.  The  board  of  trustees  shall  direct,  order,  and  restrict  all  improve- 
ments made  on  the  farm,  such  as  repairing  and  building  fences,  repairing  and 
building  houses,  buying  stock,  utensils,  etc.,  repairing  and  resetting  fruit  trees, 
etc.,  all  of  which  shall  be  done  in  a  practical  and  economical  way:  Provided,  As 
far  as  practicable  all  labor  to  be  performed  on  or  about  said  farm  shall  be  done  by 
the  students  of  the  university. 

Sec.  4098.  The  proceeds  arising  from  the  sale  of  the  products  of  the  agricultural 
and  mechanical  departments  shall  constitute  a  fund  out  of  which  to  pay  for  the 
labor  performed  by  the  students  in  said  departments. 

SEC.  4099.  No  student  shall  be  allowed  more  than  10  nor  less  than  3  cents  per 
hour  for  his  labor. « 

SEC.  4100.  By  a  special  act  of  date  March  30,  1883,  and  an  amendment  thereto, 
April  9, 1891,  a  prohibition  district  of  3  miles  is  established  with  the  university  as 
the  center.  The  selling  and  giving  away  of  spirituous,  vinous,  or  malt  liquors  is 
forbidden  unless  the  same  is  given  by  a  physician  as  medicine,  and  not  by  him 
except  under  the  restrictions  of  the  act.  Anyone  interested  in  the  sales,  or  suf- 
fering the  liquors  to  be  sold  in  a  house  owned  or  controlled  by  them,  shall  like- 
wise be  guilty.  Stringent  provisions  for  the  prosecution  and  detection  of  such 
sales  are  provided  by  the  acts  aforesaid. 

SEC.  3401.  It  shall  be  the  duty  of  the  superintendent  of  agriculture  [professor 
of  chemistry,  act  April  9,  1895]  at  the  experimental  station  of  the  university  [at 
the  State  university,  ib.]  to  make  or  cause  to  be  made  a  chemical  analysis  of 
every  sample  of  commercial  fertilizer  so  furnished  him,  and  he  shall  issue  a  certifi- 
cate to  the  person  or  company  so  furnishing  said  sample,  setting  forth  that  said 
analysis  is  a  true  and  complete  analysis  of  the  sample  furnished  him  of  such  brand 
of  fertilizer,  giving  the  per  cent  of  ammonia,  potash,  and  available  [soluble, 
reverted,  and  insoluble,  act  April  9,  1895]  phosphoric  acid  of  such  sample  of  com- 
mercial fertilizer  so  furnished,  and  all  other  available  fertilizing  ingredients  in 
said  sample. 

SEC.  3402.  Every  package  of  commercial  fertilizer  offered  for  sale  within  the 
State  whose  value  is  more  than  $10  per  ton  must  have  placed  upon  or  securely 
attached  to  each  package  by  the  manufacturer  a  guarantee  analysis  ' 
which  shall  substantially  correspond  with  the  analysis  of  the  sample  of  same 
brand  so  furnished  the  superintendent  of  agriculture  [professor  of  chemistry,  act 
April  9,  1895]. 

SEC.  3404.  The  superintendent  [professor  of  chemistry,  act  April  9,  1895]  of  the 
State  university  shall  receive  for  analyzing  a  fertilizer  and  affixing  his  certificate 
thereto  the  sum  of  $15  for  each  and  every  brand  of  fertilizer  analyzed  for  any 
.  _^____________ 

o  Note  by  the  editors  of  the  digest:  "This  provision  is  apparently  in  conflict  with  the  act  of 
March  31,  1891,  section  4096,  but  as  the  same  provision  was  in  section  6,  act  of  March  30,  1887,  of 
which  section  4096  is  an  amendment,  it  seems  to  have  been  the  legislative  intent  that  the  two 
provisions  be  harmonized,  both  being  in  the  same  act. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  21 

manufacturer  or  vendor;  but  any  agriculturist  of  the  State  or  purchaser  of  any 
commercial  fertilizer  in  this  State  may  take  a  sample  of  the  same,  under  the  rules 
and  directions  of  the  said  superintendent  of  agriculture  [professor  of  chemistry, 
act  April  9,  1895]  at  the  said  experiment  station,  and  forward  same  to  said  super- 
intendent of  agriculture  [professor  of  chemistry]  for  analysis,  which  analysis  shall 
be  made  free  of  charge.  (Act  March  8,  1889.) 

Act  approved  April  19,  1895,  section  4088  supra,  was  amended  to  read  thus: 

SEC.  4088.  It  shall  be  the  duty  of  the  board  of  trustees  to  apportion  the  number 
of  beneficiaries  who  shall  be  admitted  as  students  in  the  university  without  tuition 
among  the  several  counties  of  the  State  according  to  population  and  to  notify  the 
county  judge  of  each  county  of  the  number  apportioned  to  the  county  at  least  two 
months  prior  to  the  beginning  of  each  regular  annual  session  of  the  school;  and 
it  shall  be  the  duty  of  the  county  judge  to  appoint  from  the  actual  residents  of 
the  county  the  number  of  beneficiaries  to  which  it  may  be  entitled,  a  preference 
being  given  to  those  noted  for  diligence  and  proficiency  in  study,  and  the  appoint- 
ments so  made  shall  be  entered  of  record.  If  the  judge  of  any  county  shall  fail 
to  appoint  its  quota  of  beneficiaries,  or  if  those  appointed  shall  fail  to  attend,  the 
president  of  the  university  shall  appoint  such  beneficiaries  to  the  full  number 
authorized  by  law  from  other  counties  having  their  full  quota:  Provided,  Such 
appointments  slmll  be  vacated  on  application  of  the  county  judge  of  a  county  so 
i'ailii.'g  to  fill  its  quota. 

Act  approved  May  23,  1901:  SECTION  1.  Whereas  the  State  of  Arkansas  now 
holds  $30,000  of  bonds  issued  by  the  city  of  Fayetteville,  in  trust  as  a  permanent 
endowment  fund  for  the  University  of  Arkansas,  and  whereas  said  bonds  mature 
on  the  1st  day  of  January,  1902,  and  whereas  the  city  of  Fayetteville  will  be 
enabled  to  m  •  t  the  entire  obligation,  now  therefore  the  State  treasurer  is  hereby 
authorized  to  surrender  such  number  of  said  bonds  to  the  city  of  Fayetteville  as 
it  may  be  able  to  pay  and  does  pay  when  such  bonds  mature. 

Si.(  •.  2.  The  city  of  Fayetteville  is  a  uthorized  and  empowered  to  issue  new  5  per 
cent  bonds,  payable  in  twenty  years,  or  at  the  option  of  said  city  in  five  years,  in 
lieu  of  the  1><  >n<ls  said  city  is  unable  to  pay,  and  the  State  treasurer  shall  surrender 
the  old  hen-is  at  maturity  and  accept  the  new  bonds  in  exchange  therefor. 

S; •-.(•.  -5.  Wliereas  th"  art  of  1871.  locating  the  University  of  Arkansas,  provided 
that  the  county  or  corporation  securing  the  location  should  not  be  required  to  pay 
more  than  one  \-  ;n's  interest  on  its  bonds  before  the  completion  of  the  buildings, 
and  in  case  more  than  one  year's  interest  was  collected  by  the  State  that  the  State 
would  refund  said  interest;  and  whereas  by  act  of  1875  the  legislature  refunded 
to  Washington  County  $16,000  in  6  per  cent  bonds  for  the  interest  erroneously 
collected  from  said  county  on  its  university  bonds  for  the  years  1B73  a.nd  1874, 
and  whereas  the  State  erroneously  collected  $4,800  and  has  never  refunded  said 
amount  to  said  city,  therefore  the  State  treasurer  at  the  time  of  settlement  shall 
surrender  to  said  city  such  numbers  of  the  old  university  bonds  as  shall  amount 
to  said  tax  so  erroneously  collected. 

SEC.  4.  All  money  paid  by  the  city  of  Fayetteville  for  said  bonds  shall  be 
invested  by  the  State  debt  board  as  a  permanent  endowment  fund  for  said  uni- 
versity in  safe  securities,  and  such  securities,  together  with  the  new  5  per  cent 
bonds  issued  by  said  city,  shall  be  held  by  the  State  treasurer  in  trust  for  said 
university,  and  the  irt.-i<  st  annually  collected  thereon  shall  be  turned  over  to  the 
treasurer  of  said  university. 

SEC.  4.  That  the  city  council  of  the  city  of  Fayetteville  shall  destroy  and  burn 
the  old  bonds  turned  over  to  said  city  at  the  time  of  settlement  by  the  State  treas- 
urer at  their  first  regular  meeting  after  settlement. 

CALIFORNIA. 

Constitution  (1879),  Article  IX:  SECTION  1.  A  general  diffusion  of  knowledge 
and  intelligence  being  essential  to  the  preservation  of  the  rights  and  liberties  of 
the  people,  the  legislature  shall  encourage  by  all  suitable  means  the  promotion  of 
intellectual,  scientific,  moral,  and  agricultural  improvement. 

SEC.  2.  The  public  school  system  shall  include  primary  and  grammar  schools, 
and  such  high  schools,  evening  schools,  normal  schools,  and  technical  schools  as 
may  be  established  by  the  legislature,  or  by  municipal  or  district  authority,  but 
the  entire  revenue  derived  from  the  State  school  fund,  and  the  State  school  tax, 
shall  be  applied  exclusively  to  the  support  of  primary  and  grammar  schools. 

SEC.  8.  No  public  money  shall  ever  be  appropriated  for  the  support  of  any  sec- 
tarian or  denominational  school,  or  any  school  not  under  the  exclusive  control  of 
the  officers  of  the  public  schools,  nor  shall  any  sectarian  or  denominational  doc- 


22  EDUCATION    REPORT,   1901-1902. 

trine  be  tanglit,  or  instruction  therein  be  permitted,  directly  or  indirectly,  in  any 
of  the  common  schools  of  the  State. 

SEC.  9.  The  University  of  California  shall  constitute  a  public  trust,  and  its 
organization  and  government  shall  be  perpetually  continued  in  the  form  and  char- 
acter prescribed  by  the  organic  act  creating  the  same,  passed  March  23, 1868,  and 
the  several  acts  amendatory  thereof,  subject  only  to  such  legislative  control  as 
may  be  necessary  to  insure  compliance  with  the  terms  of  its  endowments,  and  the 
proper  investment  and  security  of  its  funds.  It  shall  be  entirely  independent  of 
all  political  and  sectarian  influence,  and  kept  free  therefrom  in  the  appointment 
of  its  regents  and  in  the  administration  of  its  affairs:  Provided,  That  all  the 
moneys  derived  from  the  sale  of  the  public  lands  donated  to  this  State  by  aot  of 
Congress,  approved  July  2,  1862,  and  the  several  acts  amendatory  thereof,  shall 
be  invested  as  provided  by  said  acts  of  Congress,  and  the  interest  of  said  moneys 
shall  be  inviolably  appropriated  to  the  endowment,  support,  and  maintenance  of 
at  least  one  college  of  agriculture,  where  the  leading  object  shall  be,  without 
excluding  other  scientific  and  classical  studies,  and  including  military  tactics,  to 
teach  such  branches  of  learning  as  are  related  to  scientific  and  practical  agricul- 
ture and  the  mechanic  arts,  in  accordance  with  the  requirements  and  conditions 
of  said  acts  of  Congress;  and  the  legislature  shall  provide  that  if,  through  neglect, 
misappropriation,  or  any  other  contingency,  any  portion  of  the  funds  so  set  apart 
shall  be  diminished  or  lost,  the  State  shall  replace  such  portion  so  lost  or  misap- 
propriated, so  that  the  principal  thereof  shall  remain  forever  undiminished.  No 
person  shall  be  debarred  admission  to  any  of  the  collegiate  departments  of  the 
university  on  account  of  sex. 

Statutes  of  California,  act  March  23,  1868:  SECTION  1.  A  State  university  is 
hereby  created  pursuant  to  the  requirements  of  section  4,  article  9,  of  the  consti- 
tution of  the  State  of  Calif  ornia.« 

[The  following  matter  is  taken  from  the  Political  Code  of  the  State  of  California,  compiled  by 
James  H.  Deering,  San  Francisco,  1899.] 

SEC.  1385.  The  University  of  California,  located  in  Alameda  County,  has  for  its 
object  general  instruction  and  education  in  all  the  departments  of  science,  litera- 
ture, art,  industrial  and  professional  pursuits,  and  special  instruction  for  the  pro- 
fessions of  agriculture,  the  mechanic  arts,  mining,  military  science,  civil  engi- 
neering, law,  medicine,  and  commerce.. 

SEC.  1386.  There  must  be  maintained  in  the  university — 

1.  A  college  of  letters. 

2.  A  college  or  colleges  of  science,  including  agriculture,  mechanics,  mining, 
engineering,. chemistry,  and  such  other  specialties  as  the  board  of  regents  may 
determine. 

3.  Colleges  of  medicine  and  law. 

4.  Such  other  colleges  as  the  board  of  regents  may  establish. 

SEC.  1387.  The  college  of  letters  must  embrace  a  liberal  course  of  instruction  in 
language,  literature,  and  philosophy. 

SEC.  1388.  Each  full  course  of  instruction  consists  of  its  appropriate  studies  and 
courses,  to  be  determined  by  the  board  of  regents. 

SEC.  1389.  The  president  of  the  university  is  the  executive  head  of  the  institu- 
tion in  all  its  departments,  except  as  herein  otherwise  provided. 

SEC.  1390.  He  must,  subject  to  the  board  of  regents,  give  general  direction  to 
the  practical  affairs  of  the  several  colleges,  and,  in  the  recess  of  the  board  of 
regents,  may  remove  any  employee  or  subordinate  officer  not  a  member  of  any 
faculty  and  supply  for  the  time  being  any  vacancies  thus  created;  and  until  the 
regents  otherwise  direct  he  is  charged  with  the  duties  of  one  of  the  professorships. 

SEC.  1391.  The  immediate  government  of  the  several  colleges  is  intrusted  to 
their  respective  faculties,  each  of  which  must  have  its  own  organization,  regulate 
its  own  affairs,  and  may  recommend  the  course  of  study  and  the  text-books  to  be 
used. 

SEC.  1392.  Any  resident  of  California  of  the  age  of  14  years  or  upward,  of 
approved  moral  character,  may  enter  himself  in  the  university  as  a  student  at 
large  and  receive  tuition  in  any  branches  of  instruction  at  the  time  when  the  same 

a  Constitution  of  1849:  The  legislature  shall  take  measures  for  the  protection,  improvement, 
or  other  disposition  of  such  lands  as  have  been  or  may  hereafter  be  reserved  or  granted  by  the 
United  States  or  any  person  or  persons  to  the  State  for  the  use  of  the  university;  and  the  funds 
accruing  from  the  rents  or  sale  of  such  lands,  or  from  any  other  source  for  the  purpose  afore- 
said, shall  be  and  remain  a  permanent  fund,  the  interest  of  which  shall  be  applied  to  the  support 
of  said  university,  with  such  branches  as  the  public  convenience  may  deem  for  the  promotion 
of  literature,  the  arts,  and  sciences  as  may  be  authorized  by  the  terms  of  such  grant.  And  it 
shall  be  the  duty  of  the  legislature,  as  soon  as  may  be,  to  provide  effectual  means  for  the 
improvement  and  permanent  security  of  the  funds  of  said  university. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  23 

are  given  in  their  regular  conrse  on  such  terms  as  the  board  of  regents  may  pre- 
scri- 

SEC.  1393.  An  admission  fee  and  rate  of  tuition  fixed  by  the  board  of  regents 
must  be  required  of  each  pupil,  except  as  herein  otherwise  provided. 

SEC.  1394.  As  soon  as  the  income  of  the  university  shall  permit,  admission  and 
tuition  must  be  free  to  all  residents  of  the  State;  and  the  regents  must  so  appor- 
tion the  representation  of  students,  according  to  population,  that  all  portions  of 
the  State  may  enjoy  equal  privileges  therein. 

SEC.  1395.  If  approved  by  the  board  of  regents,  scholarships  may  be  established 
in  the  university  by  any  persons  for  the  purpose  of  private  benefaction  or  of 
affording  tuition  in  any  course  of  the  university  free  from  the  ordinary  charges 
to  any  scholar  in  the  public  schools  of  the  State  who  may  distinguish  himself  in 
study,  according  to  the  recommendation  of  his  teachers,  and  who  passes  the 
examination  required  for  the  grade  at  which  he  wishes  to  enter  the  university. 

SEC.  1396.  The  board  of  regents  may  affiliate  with  the  university  any  incor- 
porated college  of  medicine,  law,  or  other  special  course  of  instruction  upon  such 
terms  as  may  be  deemed  expedient;  and  such  college  may  retain  the  control  of  its 
own  property,  have  its  own  board  of  trustees,  faculties,  and  presidents,  respec- 
tively, and  the  students  of  such  colleges,  recommended  by  the  respective  faculties 
thereof,  may  receive  from  the  university  the  degrees  of  those  colleges. 

1397.  The  examination  for  degrees  must  be  annual.  Students  who  have 
passed  not  less  than  a  year  as  residents  in  any  college,  academy,  or  school  in  this 
State,  and  who,  after  examination  by  the  faculty  thereof,  are  recommended  by 
them  as  proficient  candidates  for  any  degree  in  any  regular  course  of  the  univer- 
sity, must  be  examined  therefor  at  the  annual  examination,  and  on  passing  such 
examination  may  receive  the  degree  and  diploma  for  that  course  and  rank  as 
graduates. 

SEC.  1398.  All  students  of  the  university  who  have  been  residents  thereat  for 
not  less  than  one  year,  and  all  graduates  thereof,  may  present  themselves  for 
examination  in  any  course  at  the  annual  examinations,  and,  on  passing  such  exam- 
ination .  may  receive  the  degree  and  diploma  of  that  course. 

SEC.  13Ui>.  Upon  such  examinations  each  professor  and  instructor  of  that  course 
may  cast  one  vote,  by  ballot,  upon  each  application  for  recommendation  to  the 
board  of  regents  for  a  degree. 

SEC.  1400.  Graduates  of  the  College  of  California  and  of  any  incorporated  col- 
iffiliat+'d  with  the  university  may  receive  the  degrees  from  and  rank  as 
graduates  of  the  university. 

Sr.r.  1401.  The  board  of  regents  may  also  confer  certificates  of  proficiency  in 
any  branch  of  study  upon  such  students  of  the  university  as  upon  examination 
are  found  entitled  to  the  same. 

1402.  The  proper  degree  of  each  college  must  be  conferred  at  the  end  of  the 
course  upon  such  students  as,  having  completed  the  same,  are  found  proficient 
therein. 

Si:r.  1403.  The  degree  of  bachelor  of  arts,  and  afterwards  the  degree  of  master 
of  arts,  in  usual  emirs ••  must  be  conferred  upon  the  gradutes  of  the  college  of 
letters. 

.  1404.  A  system  of  moderate  manual  labor  must  be  established  in  connection 
with  the  agricultural  college,  upon  its  agricultural  and  ornamental  grounds,  for 
practical  education  in  agricultural  and  landscape  gardening. 

SEC.  140.}.  No  sectarian,  political,  or  partisan  test  must  ever  be  allowed  or  exer- 
cised in  the  appointment  of  regents,  or  in  the  election  of  professors,  teachers,  or 
other  officers  of  the  university,  or  in  the  admission  of  students  thereto,  or  for  any 
purpose  whatsoever;  nor  must  the  majority  of  the  board  of  regents  be  of  any  one 
religious  sect  or  of  no  religious  belief. 

SEC.  1415.  The  endowment  of  the  university  is— 

1.  The  proceeds  of  the  sale  of  the  72  sections  of  land  granted  to  the  State  for  a 
seminary  of  learning. 

2.  The  proceeds  of  the  10  sections  of  land  granted  to  the  State  for  public  buildings. 

3.  The  income  derived  from  the  investments  of  the  proceeds  of  the  sale  of  the 
lands  or  of  the  scrip  therefor,  or  of  any  part  thereof,  granted  to  this  State  for  the 
endowment,  support,  and  maintenance  of  at  least  one  college  where  the  leading 
object  shall  be — without  excluding  other  scientific  and  classical  studies  and  includ- 
ing military  tactics— to  teach  such  branches  of  learning  as  are  related  to  agricul- 
ture and  the  mechanic  arts. 

4.  The  income  of  the  fund  set  apart  by  "An  act  for  the  endowment  of  the  '  Uni- 
versity of  California,'  "  approved  April  2,  1870,  which  is  continued  in  force. 

[An  act  for  the  endowment  of  the  University  of  California.  Chapter  CCCCLX:  The  treasurer 
of  the  State  shall  place  to  the  credit  of  the  university  fund  so  much  of  any  moneys  that  may  be 


24  EDUCATION    REPORT,  1901-1902. 

received  by  him  from  the  net  proceeds  of  ^ale  of  any  salt  marsh  and  tide  lands  lying  in  and 
around  the  Bay  of  San  Francisco  belonging  to  the  State  of  California  as,  being  invested  in  the 
bonds  of  said  State  or  of  the  United  States,  shall  yield  an  annual  income  of  !goO,<X)0.  Said  moneys 
shall  be  a  fund  the  capital  of  which  shall  remain  undimiiiished  and  the  interest  of  which  shall 
be  inviolably  applied  to  the  support  of  the  University  of  California.] 

6.  The  State  of  California,  in  its  corporate  capacity,  may  take,  by  grant,  gift, 
devise,  or  bequest,  any  property  for  the  use  of  the  university,  and  hold  the  same, 
and  apply  the  funds  arising  therefrom,  through  the  regents  of  the  university,  to 
the  support  of  the  university  as  provided  in  Article  IX,  section  4,  of  the  consti- 
tution [1849,  see  footnote,  p.  22]. 

7.  The  regents  of  the  university,  in  their  corporate  capacity,  may  take,  by  grant, 
gift,  devise,  or  bequest,  any  property  for  the  use  of  the  university,  or  of  any  col- 
lege thereof,  or  of  any  professorship,  chair,  or  scholarship  therein,  or  for  the 
library,  an  observatory,  workshops,  gardens,  greenhouses,  apparatus,  a  students' 
loan  fund,  or  any  other  purpose  appropriate  to  the  university;  and  such  property 
shall  be  taken,  received,  held,  managed,  and  invested,  and  the  proceeds  thereof 
used,  bestowed,  and  applied  by  the  said  regents  for  the  purposes,  provisions,  and 
conditions  prescribed  by  the  respective  grant,  gift,  devise,  or  bequest. 

8.  The  regents  of  the  university  may  invest  any  of  the  permanent  funds  of  the 
university  which  are  now  or  hereafter  may  be  in  their  custody  in  productive, 
unincumbered  real  estate  in  this  State,  subject  to  the  power  of  the  legislature  to 
control  or  change  such  investments,  excepting  such  as,  by  the  terms  of  their  ac- 
quisition, must  be  otherwise  invested. 

9.  If  by  the  terms  of  any  grant,  etc. ,  such  as  are  described  in  the  preceding 
sixth  and  seventh  subdivisions,  conditions  are  imposed  which  are  impracticable 
under  the  provisions  of  the  civil  code,  such  gift,  etc.,  shall  not  thereby  fail,  but 
such  conditions  shall  be  rejected,  and  the  intent  of  the  donor  carried  out  as  near 
as  may  be. 

SEC.  1425.  The  university  is  under  the  control  of  a  board  of  regents  consisting 
of  22  members,  but  the  president  of  the  university  for  the  time  being  shall  be  a 
member  of  the  board  of  regents  by  virtue  of  his  office. 

SEC.  1426.  Sixteen  members  of  the  board  are  appointed  by  the  governor,  with 
the  advice  and  consent  of  the  senate.  Their  term  of  office  is  sixteen  years. 

SEC.  1427.  Six  members  of  the  board  hold  by  virtue  of  their  office.  [SEC.  353:  The 
governor,  lieutenant-governor,  speaker  of  the  assembly,  superintendent  of  public 
instruction,  president  of  the  State  board  of  agriculture,  and  president  of  the 
Mechanics'  Institute  of  San  Francisco  are  ex  officio  regents  of  the  University  of 
California.] 

SEC.  1428.  Whenever  a  vacancy  occurs  in  the  board  the  governor  must  appoint 
some  person  to  fill  it,  and  the  person  so  appointed  holds  for  the  remainder  of  the 
term. 

SEC.  1429.  The  governor  is  president  of  the  board. 

SEC.  1430.  Seven  members  constitute  a  quorum  of  the  board. 

SEC.  1431.  The  members  receive  no  compensation. 

SEC.  1432.  The  powers  and  duties  of  the  board  of  regents  are  as  follows: 

1.  To  meet  at  such  times  and  places  as  their  rules  may  prescribe  or  at  the  call 
of  the  president  of  the  board. 

2.  To  control  and  manage  the  university  and  its  property. 

3.  To  prescribe  rules  for  their  own  government  and  the  government  of  the  uni- 
versity. 

4.  To  adopt  and  prescribe  rules  for  the  government  and  discipline  of  the  cadets. 

5.  To  receive  in  the  name  of  the  State  or  of  the  board  of  regents,  as  the  case 
may  be,  all  property  donated  to  the  university. 

6.  To  choose  the  president  of  the  university,  the  professors,  and  other  officers 
and  employees  of  the  university,  prescribe  their  duties,  fix  and  provide  for  the 
payment  of  their  salaries. 

7.  To  fix  the  qualifications  for  admission  to  the  benefits  of  the  university. 

8.  To  fix  the  admission  fee  and  rates  of  tuition. 

9.  To  appoint  a  secretary  and  treasurer,  prescribe  their  duties,  and  fix  and  pro- 
vide for  the  payment  of  their  compensation. 

10.  To  remove  at  pleasure  any  officer,  professor,  or  employee  of  the  university. 

11.  To  supervise  the  general  courses  of  instruction  and,  on  the  recommendation 
of  the  several  faculties,  prescribe  the  authorities  and  text-books  to  be  used  in  the 
several  colleges. 

12.  To  confer  such  degrees  and  grant  such  diplomas  as  are  usual  in  universi- 
ties or  as  they  may  deem  appropriate. 

13.  To  establish  and  maintain  a  museum. 

14.  To  establish  and  maintain  a  library. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  25 

15.  To  take  immediate  measures  for  the  permanent  improvement  and  planting 
of  the  university  grounds. 

16.  To  keep  a'record  of  all  their  proceedings. 

17.  Through  the  president  of  the  university,  to  report  to  the  governor  the  prog- 
ress, condition,  and  wants  of  each  of  the  colleges  embraced  in  the  university,  the 
course  of  study  in  each,  the  number  of  professors  and  students,  the  amount  of 
receipts  and  disbursements,  together  with  the  nature,  cost,  and  results  of  all 
important  investigations  and  experiments,  and  such  other  information  as  they 
may  deem  important. 

SEC.  1433.  The  entire  income  arising  from  the  endowment  is  subject  to  the  trusts 
at  the  disposition  of  the  board  of  regents  for  the  support  of  the  university. 

.  1434.  For  the  current  expenditures  of  the  university  specific  sums  of  money 
must  he  sot  aside,  out  of  the  funds  at  their  disposal,  by  the  board  of  regents, 
which  are  subject  to  the  warrants  of  the  president  of  the  board,  drawn  upon  the 
treasurer  of  the  university  in  pursuance  of  the  orders  of  the  board  of  regents. 

SEC.  1435.  All  moneys  which  may  at  any  time  be  in  the  State  treasury,  subject 

to  the  use  of  the  board  of  regents,  may  be  drawn  therefrom  by  the  president  of 

the  board,  upon  the  order  of  the  board,  in  favor  of  the  treasurer  of  the  university. 

.  1436.  The  regents  must  cause  to  be  constructed  such  buildings  as  are 

needed  for  the  use  of  the  university. 

.  14:>7.  The  plan  adopted  in  the  construction  of  buildings  must  provide 
separate  buildings  for  separate  11868,  and  so  group  all  such  buildings  that  a  central 
building  may  bring  the  whole  in  harmony  as  part  of  one  design. 

.  143s.  vPhe  construction  and  furnishing  of  the  buildings  must  be  let  out  to 
the  lowot  rcMiunsible  bidder,  after  advertisement  for  not  less  than  ten  days  in  at 
least  two  daily  in  -wspapers  published  in  the  city  of  San  Francisco;  but  the  regents 
may  reject  any  bid  and  advertise  anew. 

.  1439.  Until  the  university  buildings  are  ready  for  use  the  regents  may 
make  temporary  arrangements  for  buildings  at  Oakland. 

SEC.  1449.  A  practical  agriculturist,  competent  to  superintend  the  working  of 
the  agricultural  farm,  and  to  discharge  the  duties  of  secretary  of  the  board  of 
regents,  must  be  chosen  by  the  board  as  their  secretary. 
.  1450.  The  Secretary  must — 

1 .  Reside  and  keep  his  office  at  the  seat  of  the  university. 

2.  Keep  a  record  of  the  transactions  of  the  board  of  regents,  which  must  be  open 
at  all  times  to  the  inspection  of  any  citizens  of  this  State. 

3.  Have  the  custody  of  all  books,  papers,  documents,  and  other  property  which 
may  be  deposited  in  his  office. 

4.  Keep  and  file  all  reports  and  communications  which  may  be  made  to  the  uni- 
versity appertaining  to  oducnti.  11.  science,  art,  husbandry,  mechanics,  or  mining. 

5.  Address  circulars  to  societies  and  others  soliciting  information  upon  the 
latest  and  best  modes  of  culture  of  the  products  adapted  to  the  soil  and  climate  of 
the  State,  and  on  all  subjects  connected  with  field  culture,  horticulture,  stock 
raising,  and  the  dairy. 

(>.  Correspond  with  established  schools  of  mining  and  metallurgy  in  Europe, 
and  obtain  information  respecting  the  improvements  of  mining  machinery  adapted 
to  California. 

7.  Correspond  with  the  Patent  Office  at  Washington  and  with  the  representa- 
tives of  the  Government  of  the  United  States  abroad,  to  procure  contributions 
from  these  sources;  receive  and  distribute  seeds,  plants,  shrubbery,  and  trees 
adapted  to  our  climate  and  soils,  for  the  purposes  of  experiment. 

8.  Obtain  contributions  to  the  museums  and  the  library  of  %the  university. 

9.  Keep  a  correct  account  of  all  the  executive  acts  of  the  president  of  the 
university. 

10.  Keep  an  accurate  account  of  all  moneys  received  into  the  treasury  or  paid 
therefrom. 

1 1 .  Distribute  the  seeds,  plants,  trees,  and  shrubbery  received  by  him,  and  not 
needed  by  the  university,  equally  throughout  the  State,  to  farmers  and  others 
who  will  agree  to  cultivate  them  properly  and  return  to  the  secretary's  office 
a  reasonable  proportion  of  the  products  thereof,  with  a  statement  of  the  mode  of 
cultivation,  and  such  other  information  as  may  be  necessary  to  ascertain  their 
value  for  cultivation  in  the  State. 

12.  Publish  from  time  to  time  in  the  newspapers  of  the  State,  free  of  charge, 
information  relating  to  agriculture,  the  mechanic  arts,  mining  and  metallurgy. 

SEC.  1451 .  The  secretary  holds  office  at  the  pleasure  of  and  receives  the  compensa- 
tion fixed  by  the  board. 

SEC.  1461,  The  academic  senate  is  composed  of  the  faculties  and  instructors  of 
the  university. 


26  EDUCATION   REPORT,   1901-1902. 

SEC.  1462.  The  senate  must  conduct  the  general  administration  of  the  university, 
regulate  the  general  and  special  courses  of  instruction,  receive  and  determine  all 
appeals  from  acts  of  discipline  enforced  by  the  faculty  of  any  college,  and  exer- 
cise such  other  powers  as  the  board  of  regents  may  confer  upon  it. 

SEC.  1463.  Its  proceedings  must  be  conducted  according  to  rules  of  order  adopted 
by  it,  and  every  person  engaged  in  instruction  in  the  university  may  participate 
in  its  discussions;  but  the  right  of  voting  is  confined  to  the  president  and  the 
professors. 

SEC.  1473.  The  students  of  the  university  must  be  organized  into  a  body  known 
as  the  "  university  cadets." 

SEC.  1474.  The  officers  of  cadets,  between  and  including  the  ranks  of  second 
lieutenant  and  colonel,  must  be  selected  by  the  chief  military  instructor,  with 
the  assent  of  the  president  of  the  university,  and  must  be  commissioned  by  the 
governor. 

SEC.  1475.  The  adjutant-general  of  the  State  must  issue  such  arms,  munitions, 
accouterments,  and  equipments  to  the  university  cadets  as  the  board  of  regents 
may  require  and  the  governor  approve. 

SEC.  1476.  Upon  graduating  or  retiring  from  the  university,  such  officers  may 
resign  their  commissions  or  hold  the  same  as  retired  officers  of  the  university 
cadets,  liable  to  be  called  into  service  by  the  governor  in  case  of  war,  invasion, 
insurrection,  or  rebellion. 

SEC.  1477.  The  military  instructor  must  make  quarterly  reports  to  the  adjutant- 
general  of  the  State,  showing  the  number,  discipline,  and  equipments  of  the 
cadets. 

SEC.  3533.  The  regents  of  the  university  may  order  the  selection  of  the  150,000 
acres  of  land  granted  to  the  State  for  the  use  of  an  agricultural  college,  and  dis- 
pose of  the  same  at  the  price  and  in  the  manner  fixed  by  them. 

SEC.  3534.  The  land  agent  of  the  university,  as  the  agent  of  the  State,  must 
select  the  lands  according  to  the  instructions  of  the  board,  and  issjie  certificates 
of  purchase  and  patents  to  purchasers  who  comply  with  the  conditions  fixed  by  the 
board;  and  the  regents  must  invest  all  moneys  accruing  from  the  sale  of  lands  as 
they  may  deem  best,  subject  to  the  conditions  of  the  act  of  Congress  granting 
such  lands. 

SEC.  3535.  All  moneys,  securities,  or  other  properties  arising  from  the  sale  of 
the  72  sections  granted  to  the  State  for  a  seminary  of  learning,  and  from  the  sale 
of  the  10  sections  granted  to  the  State  for  the  erection  of  public  buildings,  must 
be  paid  out  of  the  State  treasury  on  the  order  of  the  regents  of  the  university. 

SEC.  3536.  All  persons  who  have  purchased  any  portion  of  either  of  the  grants 
mentioned  in  the  preceding  section,  and  who  have  not  paid  in  full  therefor  must 
be  included  in  the  delinquent  list,  and  the  district  attorney  must  proceed  against 
such  delinquents  as  provided  in  sections  3547  and  3548,  and  the  provisions  of  sec- 
tions 3548  to  3556  inclusive,  are  made  applicable  to  such  proceedings.  If  such 
lands  revert  to  the  State,  they  pass  under  the  control  of  and  may  be  sold  by  the 
board  of  regents  of  the  university. 

SEC.  332.  All  officers,  boards  of  officers,  commissioners,  trustees,  regents,  and 
directors  required  by  law  to  make  reports  to  the  governor  or  legislature,  except 
the  controller  of  State,  must  send  the  original  draft  of  such  reports  to  the  gover- 
nor before  the  loth  day  of  September  in  the  year  1892,  and  in  every  second  year 
thereafter. 

SEC.  334.  The  superintendent  of  State  printing  must  print  such  reports  or  such 
part  or  parts  of  said  reports  as  may  be  ordered  by  the  State  board  of  examiners, 
in  a  manner  to  be  designated  by  said  board,  before  the  first  Monday  in  December 
next  after  receipt  thereof,  except  the  report  of  the  State  comptroller,  etc. 

SEC.  336.  All  reports  must  be  printed  in  the  English  language. 

SEC.  550.  The  geological  and  other  specimens  collected  by  the  State  geological 
survey  must,  excepting  such  as  may  be  required  by  the  State  geologist  to  aid  in 
the  preparation  of  his  report,  be  delivered  over  to  the  agents  of  the  State  Univer- 
sity, to  be  by  them  deposited  in  the  cabinet  of  the  same  as  the  property  of  the 
university. 

Statutes,  1889,  Chapter  XVII:  Whereas,  by  section  9  of  an  act  to  establish  agri- 
cultural experiment  stations  in  connection  with  the  colleges  established  in  the 
several  States,  it  is  provided  that  the  grants  of  moneys  authorized  by  this  act  are 
made  subject  to  the  legislative  assent  of  the  several  States  and  Territories  to  the 
purposes  of  said  grants;  therefore  be  it  resolved,  that  the  State  of  California  does 
hereby  assent  to  the  grants  named  in  said  act,  approved  March  2, 1887,  and  to  the 
conditions  thereof,  for  and  on  behalf  of  the  State  of  California  and  the  board  of 
regents  of  the  University  of  the  State  of  California.  And  be  it  further  resolved 
that  the  State  of  California  does  hereby  specifically  designate  ' '  The  board  of 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  27 

regents  of  the  University  of  California/'  a  corporation  organized  and  existing 
under  the  laws  of  California,  and  controlling  the  University  of  California,  the 
only  institution  in  this  State  established  in  accordance  with  the  provisions  of  an 
act^approved  July  2, 1862,  as  the  institution  to  which  this  grant  is  by  law  assigned 
for  the  benefit  of  agricultural  experiment  stations  connected  with  the  said  uni- 
versity. Be.it  further  resolved,  that  his  excellency  the  governor  of  California  be 
requested  to  transmit  to  the  Secretary  of  the  Treasury  of  the  United  States  a  copy 
of  these  resolutions,  duly  certified  by  the  secretary  of  state. 

Statutes,  1869-70.  Act  to  amend  the  act  of  March  28,  1868,  providing  for  the 
management  and  sale  of  the  lands  belonging  to  the  State,  approved  April  4,  1870: 

SEC.  60.  The  board  of  directors  of  the  Agricultural.  Mining,  and  Mechanical  Arts 
College,  or  such  corporations  as  may  be  appointed  by  law  to  succeed  them,  shall 
have  power  to  order  the  selection  of  the  grant  of  150.000  acres  of  land  granted  to 
the  Statafor  the  use  of  an  agricultural  college,  and  dispose  of  the  same  at  such 
price  and  in  such  manner  as  they  shall  deem  best  for  the  interests  of  the  college, 
and  it  shall  be  the  duty  of  the  land  agent  of  the  university,  as  the  agent  of  the 
State,  to  select  the  lands  in  the  United  States  land  offices,  according  to  the  instruc- 
tions of  said  board  or  corporation;  and  it  shall  be  the  duty  of  the  said  land  agent 
to  issue  certificates  of  purchase  and  patent  to  purchasers  who  comply  with  the 
conditions  ordained  by  the  said  board  or  corporation,  in  the  manner  prescribed  in 
sections  4  and  5  of  this  act;  and  the  said  board  or  corporation  shall  invest  any 
and  all  moneys  accruing  from  the  sale  of  said  lands  as  they  shall  deem  best,  sub- 
ject only  to  the  conditions  of  the  act  of  Congress  granting  such  lands. 

In  a  case  (White  '••  Douglass)  involviiig  the  ownership  of  lands  held  by  the  State  as  trustee  or 

agent  of  tin;  grant  made  for  the  establishment  of  an  institution  or  institutions  for  the  benefit 

of  agriculture  and  mechanic  arts,  July  2,  1862,  the  supreme  court  decided  that  under  the  Con- 

nal  grant  to  the  State  of  lands  for  the  use  of  an  agricultural  college,  the  State,  as  owner 

t  tin-  grant,  bad  the  right  to  select  the  lands  from  surveyed  or  unsurveyed 

public  lands  of  the  United  stat«-s,  subject  to  preemption  and  sale,  within  the  limits  of  the  State, 

and  to  prescribe  how  the  selection  should  be  made,  and  to  whom,  and  in  what  manner  the  lands 

would  be  add.    <  71  Calif.,  St-i  • 

In  a  -  ;isi-  decided  by  '  e  court  January  16, 1883  (Hollister  v.  Sherman,  tax  collector), 

it  was  it  all  property  administered  by  the  regents  of  the  State  University  is  exempt 

from  taxes,  and  a  deed  or  the  tax  collector  ou  a  sale  of  property  so  administered  under  an 
assessment  against  the  regents  would  be  void  on  its  face.  In  People  v.  Supervisors  this  was 
reaffirmed.  "In  our  opinion  the  value  of  the  mortgage  to  the  regents  of  the  university  was 
properly  deducted  from  the  full  v.-iluo  of  tho  property." 

In  Luiidy  r .  Da !  ,  ts  of  the  University  of  California,  under  the 

organic  ad  of  March  2B,  1M8,  ana  the  subsequent  steps  taken  by  them  to  incorporate,  became 
and  are  a  corporation.11 

2.  Tl  .  -f  the  University  of  California  are  not  individually  liable  for  the  damage  done 

-••<!  negligence  of  a  public  corporation. 

':{.  I' :.  .113  of  the  organic  act  of  March  23, 1868,  and  of  section  9  of  Article  IX  of 

the  constitution,  the  regents  are  not  public  officers.  Section  343  of  tho  Political  Code,  desig- 
nating them  as  ••  civil  executive  officers,"  was  repealed  by  said  section  of  the  constitution. 

The  entire  income  of  such  funds  shall  be  placed  at  the  disposition  of  the  board  of  regents  for 
the  support  of  tho  universal  v.  All  moneys  which  may  at  any  time  be  in  the  State  treasury,  and 
subject  to  the  use  of  the  said  hoard  of  regents,  may  be  drawn  therefrom  by  the  president  of  the 
board  upon  the  order  of  said  board  in  favor  of  the  treasurer  of  the  university. 

The  constitution  having  declared  (sec.  22)  that  no  money  shall  be  drawn  from  the  treasury  but 
in  consequence  of  appropriations  made  by  law,  and  upon  warrants  duly  drawn  thereon  by  the 
ier.  a  question  arose  as  to  the  power  of  the  board  under  this  section  of  this  act  of  March 
!  'lishing  the  university.  The  supreme  court  settled  the  point  in  the  case  of  Regents 
of  Universitv  of  California  ?-.  W.  A.  January,  [State]  treasurer,  the  syllabus  of  which  reads  as 
follows:  "All  moneys  in  the  State  treasury  subject  to  the  use  of  the  board  of  regents  of  the  Uni- 
versity of  California  may  be  drawn  therefrom  upon  the  order  of  the  board  indorsed  by  the  gov- 
ernor, and  no  appropriation  or  warrant  from  the  controller  is  necessary  for  that  purpose.  (C6 
Cal.,  Liar.  ]t'i,  ls>;>.  p.  i»>~.)  In  view  of  these  statutory  and  constitutional  provisions,  we  do  not 
donotthatitwastl  ' 
the  regents, 

of  an  equivalent  security, 
the  money.  With  that  the  respondent  had  nothing  to  do.  Nor  can  we  pass  upon  that  question 
in  this  proceeding.  We  might  give  our  individual  views  on  it,  but  we  more  than  doubt  the  pro- 
priety of  doing  so.  The  only  question  which  we  can  decide  is  whether,  upon  tho  face  of  the 
facts  disclosed  by  the  record,  a  writ  should  issue  as  prayed.  The  fact  of  a  proper  demand  hav- 
ing been  made  on  the  respondent,  and  his  having  refused  to  perform  a  duty  plainly  devolved  on 
him  by  law,  entitles  the  petitioners  to  the  writ  [mandamus]." 

COLORADO. 

Constitution  (1876) ,  Article  VIII,  State  Institutions:  SECTION  1.  Charitable  insti- 
tutions established:  1.  Educational,  reformatory,  and  penal  institutions,  and  those 
for  the  benefit  of  the  insane,  blind,  deaf,  and  mute,  and  such  other  institutions 
as  the  public  good  may  require,  shall  be  established  and  supported  by  the  State, 
in  such  manner  as  may  be  prescribed  by  law. 

Article  IX:  SEC.  7.  Aid  to  sectarian  schools,  [or]  churches  forbidden.  Neither 
the  general  assembly,  nor  any  county,  city,  town,  township,  school  district,  or 
other  public  corporation  shall  ever  make  any  appropriation,  or  pay  from  any 


28  EDUCATION   EEPOET,  1901-1902. 

public  fund  or  moneys  whatever,  anything  in  aid  of  any  church  or  sectarian 
society,  academy,  seminary,  college,  university,  or  other  literary  or  scientific 
institution  controlled  by  any  church  or  sectarian  denomination  whatsoever;  nor 
shall  any  grant  or  donation  of  land,  money,  or  other  personal  property  ever  be 
made  by  the  State,  or  any  such  public  corporation,  to  any  church  for  sectarian 
purposes. 

SEC.  8.  Religious  test  forbidden,  etc. — No  religious  test  or  qualification  shall 
ever  be  required  of  any  person  as  a  condition  of  admission  into  any  public  educa- 
tional institution  of  the  State,  either  as  teacher  or  student;  and  no  teacher  or 
student  of  any  such  institution  shall  ever  be  required  to  attend  or  participate  in 
any  religious  service  whatever.  No  sectarian  tenets  or  doctrines  shall  ever  be 
taught  in  the  public  schools,  nor  shall  any  distinction  or  classification  of  pupils 
be  made  on  account  of  race  or  color. 

Article  VIII:  SEC.  5.  Territorial  institutions  become  State  institutions. — The 
following  Territorial  institutions,  to  wit,  the  University  at  Boulder,  the  Agri- 
cultural College  at  Fort  Collins,  the  School  of  Mines  at  Golden,  the  Institute  for 
the  Education  of  Mutes  at  Colorado  Springs,  shall,  upon  the  adoption  of  this  con- 
stitution, become  institutions  of  the  State  of  Colorado,  and  the  management 
thereof  subject  to  the  control  of  the  State, under  such  laws  and  regulations  as  the 
general  assembly  shall  provide,  and  the  location  of  said  institutions,  as  well  as  all 
gifts,  grants,  and  appropriations  of  money  and  property,  real  and  personal,  here- 
tofore made  to  said  several  institutions,  are  hereby  confirmed  to  the  use  and  benefit 
of  the  same,  respectively:  Provided,  This  section  shall  not  apply  to  any  institution, 
the  property,  real  or  personal,  of  which  is  now  vested  in  the  trustees  thereof, 
until  such  property  be  transferred  by  proper  conveyance,  together  with  the  con- 
trol thereof,  to  the  officers  provided  for  the  management  of  said  institution  by 
this  constitution  or  by  law. 

[In  response  to  a  senate  resoluti9n  to  this  effect,  to  wit:  Doubt  exists  as  to  the  meaning  of 
sections,  Article  VIII,  of  the  constitution,  the  supreme  court  said:  "We  call  attention  to  sec- 
tion 2  and  section  4  of  the  article  (these  fix  the  seat  of  government  and  its  capitol  building).  If 
the  framers  of  the  constitution  had  not  regarded  section  5  as  permanently  locating  the  institu- 
tions named,  it  is  reasonable  to  suppose  that  they  would  have  made  some  explicit  provision 
with  regard  to  their  permanent  location.  *  *  *  The  absence  of  such  provisions  supports  the 
construction  which  we  have  given.  It  follows  that  the  locations  of  the  institutions  named,  or  of 
any  one  of  them,  can  not  be  changed  except  by  an  amendment  to  the  constitution."  (December 
term,  1886,  9  Col.,  p.  628.)] 

[The  following  matter  has  been  taken  from  Mills'  Annotated  Statutes  (1891  ed.)  and  the 
supplement  thereto,  "including  *  *  *  all  laws  not  in  volumes  1  and  2,  to  January  1,  1897." 
By  J.  Warner  Mills.  Denver,  1897.] 

Chapter  2,  division  1,  Agricultural  College:  SEC.  36.  That  to  provide  a  fund  for 
the  support  and  maintenance  of  the  State  Agricultural  College,  located  at  Fort 
Collins,  there  shall  be  assessed  and  levied  annually  upon  all  taxable  property  in 
this  State  the  following  tax,  to  wit:  One-fifth  of  1  mill  on  each  dollar  of  "the 
yearly  assessed  value  of  such  property,  which  shall  be  known  as  the  "  agricultural 
college  "  tax,  and  shall  be  levied  and  collected  at  the  same  time  and  in  the  same 
manner  provided  by  law  for  the  assessment  and  collection  of  State  taxes. 

SEC.  37.  It  shall  be  the  duty  of  every  county  treasurer  in  this  State  to  provide 
suitable  books,  in  which  shall  be  entered  an  account  of  all  taxes  collected  in  pur- 
suance of  this  act.  He  shall  also  enter  in  said  book  an  account  of  all  money  trans- 
mitted to  the  State  treasurer  on  account  of  said  fund,  as  hereinafter  provided. 

SEC.  38.  The  fund  so  created  shall  be  applied  exclusively  for  the  support  of  the 
Agricultural  College  of  this  State,  and  for  the  erection  of  such  buildings  as  by  the 
State  board  of  agriculture  shall  be  deemed  advisable. 

,  SEC.  39.  It  shall  be  the  duty  of  the  county  treasurer  in  the  several  counties  to 
preserve  the  agricultural  college  fund,  as  provided  by  this  act,  as  a  separate  fund, 
and  to  transmit  the  same  monthly  to  the  treasurer  of  the  State,  who  shall  keep  the 
same  as  an  agricultural  college  fund,  to  be  at  the  disposal  of  the  State  board  of 
agriculture,  as  provided  by  this  act. 

SEC.  40.  Whenever  there  shall  be  any  money  in  the  hands  of  the  State  treasurer 
to  the  credit  of  the  agricultural  college  fund,  deemed  sufficient  by  the  State  board 
of  agriculture  to  commence  the  erection  of  an  agricultural  college,  the  auditor  of 
State  is  hereby  authorized  to  draw  his  warrant  upon  the  treasurer  of  the  State  in 
favor  of  the  treasurer  of  said  State  board  of  agriculture,  in  such  sums  as  said 
board  shall  deem  necessary  to  carry  on  the  erection  or  running  expenses  of  said 
college:  Provided,  That  nothing  herein  shall  be  construed  as  authorizing  or 
empowering  said  board  to  create  any  indebtedness,  in  any  year,  beyond  the  tax 
so  levied  in  that  year  for  that  purpose. 

SEC.  41.  The  auditor  of  State  shall  draw  his  warrant  upon  the  fund  herein  pro- 
vided for,  upon  bills  approved  by  the  president  of  the  State  board  of  agriculture, 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  29 

countersigned  by  the  secretary  of  said  board,  to  defray  the  lawful  expenses 
incurred  in  building  and  supporting  the  agricultural  college. 

[The  matter  contained  in  section  36  to  section  41,  inclusive,  was  repealed  by  an  act  approved 
Maf'-h  17,  ltt'1.  This  art  increased  the  tax  to  one-sixth  of  a  mill  for  each  of  four  State 
educational  institutions,  of  which  the  Agricultural  College  was  one,  but  the  act  was  declared 
unconstitutional  by  the  supreme  court  of  Colorado.] 

SEC.  42.  This  act  shall  not  take  effect  unless  the  fee-simple  title  to  the  real  estate 
known  as  the  Agricultural  College  of  Colorado  shall,  within  ninety  days  from  the 
passage  of  this  act,  be  vested  in  said  State  board  of  agriculture  free  of  any  condi- 
tion whatever.  When  the  said  title  shall  be  so  vested,  it  shall  be  the  duty  of  the 
attorney-general  to  certify  such  fact  in  writing  to  the  State  auditor,  and  the  State 
auditor  shall  notify  the  county  clerks  of  the  several  counties  of  this  State  of  the 
same",  in  order  that  the  tax  herein  provided  may  be  properly  levied  and  assessed. 

SEC.  43.  That  for  the  purpose  of  further  carrying  out  the  "provisions  of  the  act 
of  Congress  approved  July  2,  1862,  in  relation  to  agricultural  colleges,  the  mili- 
tary body  known  as  the  Agricultural  College  Cadets,  of  the  Colorado  Agricultural 
College,  is  hereby  organized  as  an  auxiliary  branch  of  the  Colorado  National 
Guard,  and  is  placed  upon  the  same  footing  as  regards  arms,  ammunition,  and 
<  amp  and  garrison  -equipage  as  the  Colorado  National  Guard. 

.  44.  That  the  proper  officers  of  said  Colorado  National  Guard  are  hereby 

authorized  and  directed  to  honor  the  requisition  of  the  commanding  officer  of  said 

Agricultural  College  Cadets,  under  such  rules  and  regulations  as  may  hereafter  be 

ribed  by  the  State  military  board  and  the  State  board  of  agriculture,  when 

countersigned  by  the  president  of  said  college,  for  10  rounds  of  ammunition  per 

year  for  each  member  of  said  military  body,  and  for  such  camp  and  garrison 

equipage  as  may  be  y  for  the  proper'  instruction  of  said  body  in  all  that 

.ins  to  the  practical  duties  of  soldiers  in  camp. 

Si •:« '.  Ha.  The  cadets  of  the  State  Agricultural  College  shall  be  attached  to  the 
Colorado  National  Guard,  under  snch  rules  and  regulations  as  may  hereafter  be 
ribed  by  the  State  military  board  and  the  State  board  of  agriculture. 

4o.  That  for  the  furtherance  and  promotion  of  the  agricultural  interests  of 
the  State,  an  agricultural  experimental  station  shall  be  established  in  that  section 
<•!'  country  commonly  known  as  the  "Divide,"  in  the  northern  part  of  El  Paso 
County,  the  precise  location  to  be  determined  as  hereinafter  provided. 

.  46.  The  State  board  of  agriculture  is  authorized  to  select  the  necessary 
lands  and  secure  the  same,  either  by  lease  or  purchase,  as  they  may  see  fit,  and  to 
make  all  necessary  improvements  in  the  way  of  buildings  and  fences,  and  to  take 
such  steps  as  they  deem  necessary  to  successfully  establish  said  station. 

Si.c.  47.  The  Suite  board  of  agriculture  shall  have  the  control  and  supervision 
of  said  ('arm.  They  shall  appoint  a  superintendent  and  such  other  officers  and 
employees  as  may  to  them  appear  to  be  necessary  to  carry  on  the  said  farm  suc- 
cessfully. They  shall  have  power  to  fix  salaries  and  all  compensation  of  employees, 
and  they  are  hereby  empowered  to  fix  such  rules  and  regulations  as  may  be  by 
them  deemed  best  for  the  successful  attainment  of  the  object  for  which  said  sta- 
tion is  to  be  established  and  maintained.  They  shall  also  appoint  three  resident 
trustees,  who  shall  act  without  compensation,  except  when  it  becomes  necessary 
they  may  be  allowed  traveling  expenses  in  attending  to  the  discharge  of  their 
duties. 

SKO.  48.  The  object  of  this  agricultural  station  shall  be  to  determine  the  adapt- 
ability of  crops  of  grain,  grasses,  root  crops,  and  all  other  growths  which  may 
gr<  >w  in  this  latitude :  also  the  most  economical  method  of  producing  the  best  results 
in  growing  such  crops  with  and  without  irrigation.  And  in  aid  of  these  objects 
the  board  of  agriculture  may  select  land  (not  to  exceed  200  acres)  in  the  San  Luis 
Valley  out  of  the  State  lands  there  found  for  this  purpose,  and  shall  appoint  three 
local  trustees  for  the  management  of  the  same.  And  in  aid  of  these  objects  the 
board  of  agriculture  may  select  land  (not  to  exceed  200  acres)  in  the  Arkansas 
Valley,  in  the  county  of  Bent,  out  of  the  State  lands  there  found  for  this  purpose, 
and  shall  appoint  three  local  trustees  for  the  management  of  the  same.  And  in 
further  aid  of  these  objects  the  board  of  agriculture  may  select  lands  to  the  extent 
of  200  acres  in  the  valley  of  Uncompahgre  River,  or  the  valley  of  the  Gunnison 
River,  or  the  valley  of  the  North  Fork  of  tfce  Gunnison  River,  in  Delta  County, 
State  of  Colorado,  for  the  purpose  of  an  experimental  agricultural  station  as  herein 
provided,  and  shall  appoint  three  local  trustees  to  manage  the  same,  such  lands  to 
be  selected  from  State  lands  or  secured  by  purchase,  gift,  or  donation,  as  the  board 
of  agriculture  may  decide. 

SEC.  49.  The  proceeds  arising  from  the  sale  of  products  of  said  farms  shall  be 
applied  in  the  liquidation  of  the  running  expenses,  and  all  moneys  so  accruing 


30  EDUCATION    KEPOKT,  1901-1902. 

shall  be  credited  as  coming  from  the  State  and  be  applied  as  part  or  whole  pay- 
ment of  any  amount  which  may  be  appropriated  from  the  funds  of  the  State  for 
the  maintenance  of  said  farm  or  station. 

SEC.  50.  To  enable  the  State  board  of  agriculture  to  carry  out  the  provisions  of 
this  act,  they  are  hereby  authorized  to  expend  such  amount  as  they  may  deem 
necessary,  in  establishing  the  above-described  stations,  out  of  any  moneys  which 
may  accrue  to  the  State  by  action  of  the  Congress  of  the  United  States  for  the  pur- 
pose of  establishing  agricultural  experiment  stations  in  the  various  States  and 
Territories  of  the  United  States. 

SEC.  50a.  That  for  the  furtherance  and  promotion  of  the  agricultural  interests 
of  this  State  an  agricultural  experiment  station  shall  be  established  in  the  eastern 
half  of  Cheyenne  County,  the  precise  location  to  be  determined  as  hereinafter 
provided. 

SEC.  50b.  The  State  board  of  agriculture  is  authorized  to  select  the  necessary 
lands  and  secure  the  same  by  gift  or  donation,  and  to  make  all  necessary  improve- 
ments in  the  way  of  buildings  and  fences,  and  to  take  such  steps  as  they  may  deem 
necessary  to  successfully  establish  said  station:  Provided,  That  a  site,  containing 
not  less  than  one  quarter  section  of  land,  and  $1,200  for  equipping  said  station,  be 
donated  for  this  purpose  by  the  community  in  which  the  same  is  located;  and 
for  the  purpose  of  erecting  said  buildings  and  fences  and  of  making  all  other  nec- 
essary improvements  for  said  station  the  sum  of  $2,500  is  hereby  appropriated  out 
of  the  internal  permanent  improvement  fund  of  the  State. 

SEC.  50c.  The  State  board  of  agriculture  shall  have  absolute  control  and  super- 
vision of  said  farm.  They  shall  appoint  a  superintendent  and  such  other  officers 
and  employees  as  they  may  deem  necessary  to  carry  on  successfully  the  said  farm. 
They  shall  have  power  to  fix  salaries  and  all  compensation  of  employees  and  they 
are  hereby  empowered  to  make  such  rules  and  regulations  as  may  to  them  appear 
necessary  and  expedient.  They  shall  appoint  three  resident  trustees,  who  shall 
act  without  compensation,  except,  when  it  becomes  necessary,  they  may  be  allowed 
traveling  expenses  in  the  discharge  of  their  duties. 

SEC.  50d.  The  object  of  this  agricultural  experiment  station  shall  be  to  deter- 
mine the  adaptability  of  crops  of  grain,  grasses,  root  crops,  and  all  other  growths 
which  may  grow  in  this  latitude;  also  the  most  economical  methods  tof  produc- 
ing the  best  results  in  growing  such  crops  without  irrigation. 

SEC.  50e.  The  proceeds  arising  from  the  sale  of  the  products  of  said  farm  and 
from  all  other  sources  shall  be  paid  to  the  treasurer  of  the  board,  and  by  the  board 
disbursed  for  the  use  and  benefit  of  said  station. 

SEC.  50f.  To  enable  the  State  board  of  agriculture  to  carry  out  the  provisions 
of  this  act,  they  are  hereby  authorized  to  expend  such  amount  as  they  may  deem 
necessary,  in  establishing  the  above-described  station,  out  of  any  moneys  which 
may  accrue  to  the  State  by  the  action  of  Congress  of  the  United  States  for  the 
purpose  of  establishing  agricultural  experiment  stations  in  the  various  States  and 
Territories  of  the  United  States. 

SEC.  51.  That  full  and  complete  acceptance,  ratification,  and  assent  is  hereby 
made  and  given  by  the  State  of  Colorado  to  all  of  the  provisions,  terms,  grants, 
and  conditions,  and  purposes  of  the  grants  made  and  prescribed  by  the  act  of  the 
Congress  of  the  United  States  entitled  "An  act  to  establish  agricultural  experi- 
ment stations  in  connection  with  the  colleges  established  in  the  several  States 
under  the  provisions  of  an  act  approved  July  2,  1862,  and  of  the  acts  supplemen- 
tary thereto." 

SEC.  52.  The  State  board  of  agriculture  shall  have  the  control  of  the  fund 
appropriated  by  the  said  act  of  Congress,  and  shall  disburse  the  same  for  the  use 
and  benefit  of  the  agricultural  experiment  station  department  of  the  State  agri- 
cultural college,  and  in  accordance  with  the  terms  and  provisions  of  said  act  of 
Congress. 

SEC.  52a.  Full  and  complete  acceptance,  ratification,  and  assent  is  hereby  made 
stad  given  by  the  State  of  Colorado  to  all  of  the  provisions,  terms,  grants,  and 
conditions,  and  purposes  of  the  grants  made  and  prescribed  by  the  act  of  Con- 
gress of  the  United  States  entitled  "An  act  to  apply  a  portion  of  the  proceeds  of 
the  public  lands  to  the  more  complete  endowment  and  support  of  the  colleges 
for  the  benefit  of  agriculture  and  the  mechanic  arts  established  under  the  provi- 
sions of  an  act  of  Congress  approved  July  2, 1862." 

SEC.  52b.  The  State  board  of  agriculture  shall  have  the  control  of  the  fund  appro- 
priated by  the  said  act  of  Congress,  and  shall  disburse  the  same  for  the  use  and 
benefit  of  the  State  agricultural  college,  and  in  accordance  with  the  terms  and 
provisions  of  said  act  of  Congress. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  31 

CONNECTICUT. 

[The  following  matter  is  taken  from  the  General  Statutes  of  Connecticut,  Revision  of  1887, 
published  by  the  authority  of  the  State,  Hartford,  Conn.] 

SEC.  2252.  Any  person  who  shall  give  credit  to  a  minor  student  of  any  college 
or  university  of  this  State  without  the  written  consent  of  his  parent  or  guardian, 
or  of  an  authorized  officer  of  such  institution,  shall  be  fined  not  less  than  $20  nor 
more  than  ] 

SEC.  2253.  (Repealed  by  act  1889,  Chap.  LIT,  q.  v.)  The  bonds  of  this  State 
indorsed  and  known  as  agricultural  college  bonds,  and  consti tilting  the  capital  of 
the  agricultural  college  fund,  shall  not  be  transferable  except  by  a  special  act  of 
the  general  assembly,  but  shall  remain  in  the  custody  of  the  commissioner  of  the 
school  fund;  and  the  treasurer  and  said  commissioner  are  hereby  authorized  to 
invest  any  money  now  in  their  hands,  or  that  hereafter  may  come  into  their  hands, 
belonging  to  the  principal  of  said  fund  in  any  securities,  except  personal  securi- 
ties, in  which  by  law  the  savings  banks  of  this  State  may  invest.  Said  commis- 
sioner shall  seiniannually  receive  and  pay  over  the  interest  accruing  upon  said 
fund  to  the  president  and  fellows  of  Yale  College,  for  the  purposes  and  on  the 
conditions  hereinafter  set  forth;  and  the  treasurer  shall  pay  interest  at  the  rate 
of  5  per  cent  per  annum  on  the  principal  of  the  agricultural  college  fund  remain- 
ing in  the  treasury  uninvested. 

SEC'.  22.YJ.  Said  corporation  shall  devote  the  interest  upon  said  fund  wholly  and 
exclusively  to  the  maintenance,  in  that  department  of  Yale  College  known  as  the 
Sheffield  Scientific  School,  of  such  courses  of  instruction  as  shall  carry  out  the 
intent  of  the  act  of  Congress  entitled  "An  act  donating  public  lands  to  the  several 
States  and  Territories  which  may  provide  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts."  approved  July  2,  1862,  in  the  manner  specially  pre- 
scribed in  the  fourth  section  of  said  act. 

2255.  Said  corporation  shall  furnish  gratuitous  education  in  said  courses 
of  instruct!*  >n  to  such  citizens  of  this  State  as  shall  be  annually  nominated  to  be 
pupils  of  said  school,  in  such  manner  as  the  general  assembly  shall  prescribe. 
Their  number  shall  be,  in  each  year,  such  as  would  expend  a  sum  equal  to  half 
said  interest  for  the  same  year,  in  paying  for  their  instruction  in  said  school,  if 
they  were  required  to  pay  for  it  at  the  regular  rates  charged  to  its  other  pupils 
for  the  same  year.  Said  pupils,  so  nominated  and  received,  shall  be  admitted 
into  said  school  upon  the  same  terms  and  subject  to  the  same  rules  and  discipline 
which  shall  apply  to  all  its  other  pupils,  except  that  they  shall  pay  nothing  for 
heir  instruction." 

SEC.  2256.  Said  corporation  shall  annually  make  up  and  distribute  the  reports 
required  by  the  fourth  paragraph  of  the  fifth  section  of  the  act  of  Congress  desig- 
nated in  section  225-1. 

2257.  The  governor,  lieutenant-governor,  the  three  senior  senators,  and  the 
ary  of  the  board  of  education  shall  constitute  a  board  of  visitors,  who  shall 
visit  said  school  in  each  year,  and  report  thereon  to  the  general  assembly  at  each 
regular  session. 

.  225s.  Said  visitors,  with  the  secretary  of  the  Sheffield  Scientific  School, 
shall  constitute  an  appointing  board,  who  shall  select  from  such  candidates  as 
shall  offer  themselves  those  who  shall  be  entitled  to  receive  the  gratuitous  instruc- 
tion in  said  >chool. 

SEC.  2259.  If  there  are  more  applications  for  the  bounty  of  the  State  than  there 
are  vacancies  to  be  filled  on  the  part  of  the  State,  said  board  shall  give  the  prefer- 
ence to  such  young  men  as  are  fitting  themselves  for  agricultural,  mechanical,  or 
manufacturing  occupations  in  life,  and  may  have  become  orphans  through  the 
death  of  a  parent  in  the  naval  or  military  service  of  the  United  States,  and  next 
to  them,  to  such  as  are  most  in  need  of  pecuniary  assistance;  and  shall  provide 
that  the  appointments  shall  be  distributed,  as  far  as  practicable,  among  the  sev- 
eral counties  of  the  State,  in  proportion  to  their  population. 

SEC.  2260.  The  secretary  of  said  school  shall  also  be  the  secretary  of  said 
appointing  board,  and  shall  record  their  transactions,  and  shall,  at  least  one  month 
before  the  close  of  each  academic  year  in  said  school,  cause  to  be  published  in  at 
least  one  newspaper  in  every  county  in  this  State  an  advertisement  specifying 
the  number  of  pupils  entitled  by  law  to  be  admitted  into  said  school  for  gratui- 
tous instruction  during  the  ensuing  academic  year,  and  designating  the  time 
and  manner  in  which  application  for  admission  may  be  made  to  said  appointing 
board. 

SEC.  1716.  [Amended  by  section  2  of  act  of  1893,  Chapter  LXVII,  also  by  act  of 
1899,  chapter  169.]  The  Storrs  Agricultural  School  shall  remain  an  institution  for 
the  education  of  boys  whose  parents  are  citizens  of  this  State  in  such  branches  of 


32  EDUCATION    REPORT,  1901-1902. 

scientific  knowledge  as  shall  tend  to  increase  their  proficiency  in  the  business  of 
agriculture. 

SEC.  1717.  [See  act  1901,  chapter  70.]  There  shall  be  appointed  by  the  senate 
six  trustees  of  said  school.  During  the  session  of  the  general  assembly  of  1889 
the  senate  shall  appoint  three  of  said  trustees  who  shall  hold  office  for  four  years, 
and  three  who  shall  hold  office  for  two  years,  and  biennually  thereafter  "three 
trustees  shall  be  so  appointed,  who  shall  hold  office  for  the  term  of  four  years 
from  and  after  the  1st  day  of  July  next  succeeding  their  appointment.  The  Con- 
necticut board  of  agriculture  shall  also  annually  elect  a  trustee,  and  the  director 
of  the  Connecticut  Agricultural  Experiment  Station  shall  be  ex  officio  one  of  said 
trustees. 

SEC.  1718.  Said  board  of  trustees  are  empowered  to  take  and  hold  in  behalf  of 
the  State  of  Connecticut  deeds  of  such  lands  and  other  property  and  such  money 
as  may  be  donated  for  the  purpose  of  establishing  and  maintaining  said  school. 

SEC.  1719.  To  said  board  of  trustees  shall  be  committed  the  location  of  said 
school,  the  application  of  the  funds  for  the  support  thereof,  the  appointment  of 
managers  and  teachers,  and  the  removal  of  the  same,  the  power  to  prescribe  the 
studies  and  exercises  of  pupils  in  said  school,  rules  for  its  management,  and  the 
admission  of  pupils;  and  they  shall  annually  report  to  the  governor  the  condition 
of  said  school,  and  such  annual  reports  shall  be  submitted  to  the  general  assem- 
bly at  its  regular  sessions. 

SEC.  831.  [See  Public  Acts,  1899,  chapter  147  post.]  The  comptroller  shall 
cause  to  be  printed,  at  the  expense  of  the  State,  annually  such  numbers  of  copies 
of  each  of  the  following  annual  reports  as  is  hereinafter  stated;  that  is  to  say: 
*  *  *  of  the  Storrs  Agricultural  School,  1,000;  *  *  *  of  the  report  of  the 
board  of  visitors  of  the  Sheffield  Scientific  School,  1,000  copies. 

SEC.  380.  The  estimates  for  the  different  classes  of  expenditures  shall  be  made 
as  follows,  to  wit:  *  *  *  for  the  State  board  of  agriculture,  the  State  experi- 
ment station,  the  Storrs  Agricultural  School,  *  *  *  by  the  secretary  of  the 
State  board  of  agriculture. 

SEC.  1710.  The  Connecticut  Agricultural  Experiment  Station  shall  remain  as 
now  established,  and  its  management  shall  be  committed  to  a  board  of  control, 
to  consist  of  eight  members,  one  member  to  be  selected  by  the  State  board  of 
agriculture,  one  member  by  the  State  Agricultural  Society,  one  member  by  the 
governing  board  of  the  Sheffield  Scientific  School  at  New  Haven,  one  member  by 
the  board  of  trustees  of  the  Wesley  an  University  at  Middletown,  and  two  mem- 
bers to  be  appointed  by  the  governor.  The  governor  and  the  person  appointed, 
as  hereinafter  provided,  to  be  the  director  of  the  station  shall  also  be  ex  officio 
members  of  the  board  of  control,  and  the  members  of  the  board  shall  continue  in 
office  for  the  term  of  three  years  from  the  1st  day  of  July  next  succeeding  their 
appointment. 

SEC.  1711.  Said  board  shall  choose  from  among  their  number  a  secretary  and 
a  treasurer,  each  of  whom  shall  be  elected  annually,  and  shall  hold  their  respec- 
tive offices  one  year,  and  until  the  choice  of  their  successors.  Five  members  of 
said  board  shall  constitute  a  quorum. 

Ssc.  1712.  Said  board  shall  meet  annually  on  the  third  Tuesday  in  January  in 
each  year,  at  such  place  in  the  city  of  Hartford  as  may  be  designated  by  the  pres- 
ident of  said  board,  and  at  such  other  times  and  places,  upon  the  call  of  the  pres- 
ident, as  may  be  deemed  necessary,  and  may  fill  vacancies  which  may  occur  in 
the  offices  of  said  board. 

SEC.  1713.  Said  board  of  control  shall  locate  and  have  the  general  management 
of  the  institution,  and  shall  appoint  a  director,  who  shall  have  the  general  man- 
agement and  oversight  of  the  experiments  and  investigations  which  shall  be  nec- 
essary to  accomplish  the  objects  of  said  institution,  and  shall  employ  competent 
and  suitable  chemists  and  other  persons  necessary  to  the  carrying  on^of  the  work 
of  the  station.  It  shall  have  power  to  own  such  real  and  personal  estate  as  may 
be  necessary  for  carrying  on  its  work,  and  to  receive  title  to  the  same  by  deed, 
devise,  or  bequest.  It  shall  expend  all  moneys  appropriated  by  the  State  in 
the  prosecution  of  the  work  for  which  said  institution  is  established,  and  shall  use 
for  the  same  purpose  the  income  from  all  funds  and  endowments  which  it  may 
receive  from  other  sources,  and  may  sue  and  be  sued,  plead  and  be  impleaded  in 
all  courts  by  the  name-  of  The  Connecticut  Agricultural  Experiment  Station.  It 
shall  make  an  annual  report  to  the  governor,  which  shall  not  exceed  200  [400  by 
act  of  1893,  Ch.  XVIII]  printed  pages,  and  such  annual  reports  shall  be  submitted 
to  the  general  assembly  at  its  regular  sessions. 

SEC.  1714.  The  sum  of  $8,000  annually  is  hereby  appropriated  to  said  Connecti- 
cut Agricultural  Experiment  Station,  which  shall  be  paid  in  equal  quarterly 
installments  to  the  treasurer  of  said  board  of  control  upon  the  order  of  the  comp- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  33 

troller,  who  is  hereby  directed  to  draw  his  order  for  the  same;  and  the  treasurer 
of  said  board  of  control  shall  be  required,  before  entering  upon  the  duties  of  his 
office,  to  give  a  bond  with  surety  to  the  treasurer  of  the  State  of  Connecticut  in 
the  sum  of  $10,000  for  the  faithful  discharge  of  his  duties  as  such  treasurer. 

SEC.  1715.  Upon  the  death  or  resignation  of  any  of  the  members  of  the  board  of 
control  the  authority  or  institution  by  which  such  deceased  member  was  origi- 
nally appointed  shall  fill  the  vacancy  so  occasioned. 

SEC.  4005.  Every  person  or  company  who  shall  sell,  offer,  or  expose  for  sale  in 
this  State  any  commercial  fertilizer  or  manure  the  retail  price  of  which  is  $10  or 
more  than  $10  per  ton  shall  affix  conspicuously  to  every  package  thereof  a  plainly 
printed  statement,  clearly  and  truly  certifying  the  number  of  net  pounds  of  fer- 
tilizer in  the  package,  the  name,  brand,  or  trade-mark  under  which  the  fertilizer 
is  sold,  the  name  and  address  of  the  manufacturer,  the  place  of  manufacture,  and 
the  chemical  composition  of  the  fertilizer  expressed  in  the  terms  and  manner 
approved  and  currently  employed  by  the  Connecticut  Agricultural  Experiment 
Station.  If  any  such  fertilizer  be  sold  in  bulk,  such  printed  statement  shall 
accompany  every  lot  and  parcel  sold,  offered,  or  exposed  for  sale. 

SEC.  4006.  Before  any  .commercial  fertilizer  the  retail  price  of  which  is  $10  or 
more  than  $10  per  ton  is  sold,  offered,  or  exposed  for  sale  the  manufacturer, 
importer,  or  party  who  causes  it  to  be  sold  or  offered  for  sale  within  this  State 
shall  file  with  the  director  of  the  Connecticut  Agricultural  Experiment  Station 
two  certified  copies  of  the  statement  named  in  the  preceding  section,  and  shall 
deposit  with  said  director  a  sealed  glass  jar  or  bottle  containing  not  less  than  one 
pound  of  the  fertilizer,  accompanied  by  an  affidavit  that  it  is  a  fair  average  sample 
thereof. 

SEC.  4007.  The  manufacturer,  importer,  agent,  or  seller  of  any  commercial  fer- 
tilizer the  retail  price  of  which  is  $10  or  more  than  $10  per  ton  shall  pay,  on  or 
before  the  1st  of  May  annually,  to  the  director  of  the  Connecticut  Agricultural 
Experiment  Station  an  analysis  fee  of  $10  for  each  of  the  fertilizing  ingredients 
contained  or  claimed  to  rxist  in  said  fertilizer:  Provided,  That  when  the  manu- 
facturer or  import* -r  shall  Lave  paid  the  fee  required  for  any  persons  acting  as 
uicctits  or  sellers  for  such  manufacturer  or  importer,  such  agents  or  sellers  shall 
not  be  required  to  pay  the  fee  named  in  this  section. 

SEC.  4008.  Every  person  in  this  State  who  sells  or  acts  as  local  agent  for  the 
sale  of  any  commercial  fertilizer  of  whatever  kind  or  price  shall  annually  or  at 
the  time  of  becoming  such  seller  or  agent,  report  to  the  director  of  the  Connecti- 
cut Agricultural  Experiment  Station  his  name,  residence,  and  post-office  address, 
and  the  name  and  brand  of  said  fertilizer,  with  the  name  and  address  of  the  manu- 
facturer, importer,  or  party  from  whom  such  fertilizer  was  obtained,  and  sis  ail 
on  demand  of  the  director  of  the  Connecticut  Agriciiltural  Experiment  Station 
deliver  to  paid  director  a  sample  suitable  for  analysis  of  any  such  fertilizer  or 
manure  then  and  there  sold  or  offered  for  sale  by  said  seller  or  agent. 

.  4009.  No  person  or  party  shall  sell,  offer,  or  expose  for  sale  in  this  State 
any  pulverized  leather,  raw.  rteamed,  roasted,  or  in  any  form,  as  a  fertilizer 
or  as  an  ingredient  of  any  fertilizer  or  manure,  without  explicit  printed  certificate 
of  the  fact,  such  certificate  to  be  conspicuously  affixed  to  every  package  of  such 
fertilizer  or  manure,  and  to  accompany  every  parcel  or  lot  of  the  same. 

SKC.  4010.  Every  manufacturer  of  fish  guano,  or  fertilizers  of  which  the  princi- 
pal ingredient  is  fish  or  fish  mass  from  which  the  oil  has  been  extracted,  shall, 
before  manufacturing  or  heating  the  same  and  within  thirty-six  hours  from  the 
time  such  fish  or  mass  has  been  delivered  to  him,  treat  the  same  with  sulphuric 
acid  or  other  chemical  approved  by  the  director  of  said  experiment  station  in  such 
quantity  as  to  arrest  decomposition:  Provided,  however,  That  in  lieu  of  such 
treatment  snc -h  manufacturers  may  provide  a  means  for  consuming  ail  smoke 
and  vapors  arising  from  such  fertilizers  during  the  process  of  manufacture. 

.  4011.  Any  person  violating  any  provision  of  the  foregoing  sections  of  this 
chapter  shall  be*  fined  $100  for  the  first  offense  and  $200  for  each  subsequent  vio- 
lation. 

SKC.  4012.  This  chapter  shall  not  affect  parties  manufacturing  or  purchasing 
fertilizers  for  their  own  private  use  and  not  to  sell  in  this  State. 

SEC.  4013.  The  director  of  the  Connecticut  Agricultural  Experiment  Station 
shall  pay  the  analysis  fees  received  by  him  into  the  treasury  of  the  station,  and 
shall  cause  one  or  more  analyses  of  each  fertilizer  to  be  made  and  published 
annually.  Said  director  is  hereby  authorized,  in  person  or  by  deputy,  to  take  sam- 
ples for  analysis  from  any  lot  or  package  of  manure  or  fertilizer  which  may  be  in 
the  possession  of  any  dealer. 

SEC'.  4014.  The  director  of  the  Connecticut  Agricultural  Experiment  Station 

ED  1902 3 


34  EDUCATION   REPORT,   190M902. 

V 

shall,  from  time  to  time,  as  bulletins  of  said  station  may  be  issued,  mail  or  causa 
to  be  mailed  two  copies,  at  least,  of  such  bulletins  to  each  post-office  in  the  State. 

Public  Acts  1889,  Chapter  LII:  SECTION  1.  The  treasurer  and  the  commissioner 
of  the  school  fund  shall  invest  the  principal  of  the  agricultural-college  fund  of 
this  State  in  any  securities,  except  personal  securities,  in  which  by  law  the  savings 
banks  of  this  State  may  invest,  and  said  commissioner  shall  have  the  custody  of 
all  securities  belonging  to  said  fund,  and  shall  cause  a  schedule  of  the  same  to  be 
made  and  registered  in  books  kept  in  his  office.  He  shall  receive  all  payments  on 
account  of  said  fund,  receipt  therefor,  and  deposit  the  same  with  the  treasurer, 
taking  said  treasurer's  receipt  for  the  same,  and  he  shall  draw  all  orders  upon  its 
principal  and  receive  from  the  treasurer,  at  least  semiamiually,  all  income  so 
deposited  and  transmit  the  same  to  the  president  and  fellows  of  Yale  College  for 
the  purposes  and  conditions  set  forth  in  chapter  143  of  the  general  statutes.  The 
treasurer  shall  pay  interest  at  the  rate  of  5  per  cent  per  annum  on  the  principal 
of  said  fund  remaining  in  the  treasury  uninvested,  and  all  expenses  incurred  in 
the  management  of  said  fund  shall  be  paid  from  the  treasury  upon  the  order  of 
said  commissioner. 

SEC.  2.  Section  2253  of  the  general  statutes  is  hereby  repealed. 

Ibid.,  Chapter  XII:  SECTION  1.  The  annual  report  of  tne  Storrs  School  Agricul- 
tural Experiment  Station  shall  be  printed,  bound  and  circulated  as  now  provided 
by  law  for  the  annual  report  of  the  Connecticut  Agricultural  Experiment  Station 
at  New  Haven. 

Public  Acts  1893,  Chapter  LXVII:  The  name  of  the  Storrs  Agricultural  School 
ie  hereby  changed  to  The  Storrs  Agricultural  College,  by  which  name  it  shall 
hereafter  be  known  and  called. 

SEC.  2.  Section  171 6a  of  the  general  statutes  is  amended  to  read  as  follows: 
4t  The  Storrs  Agricultural  College  is  hereby  established,  and  shall  remain  an  insti- 
tution for  the  education  of  youth  whose  parent  or  parents  are  citizens  of  this 
State;  and  the  leading  object  of  said  college  shall  be,  without  excluding  other 
scientific  and  classical  studies,  and  including  military  tactics,  to  teach  such 
branches  of  learning  as  are  related  to  agriculture  and  the  mechanic  arts,  in  such 
manner  as  the  general  assembly  of  this  State  shall  prescribe,  in  order  to  promote 
the  liberal  and  practical  education  of  the  industrial  classes  in  accordance  with  the 
provisions  of  an  act  of  Congress  approved  July  2,  1862,  *  *  *  also  in  accord- 
ance with  an  act  of  Congress  approved  August  30,  1890." 

SEC.  3.  Sections  1717,  1718,  and  1719  of  the  general  statutes  are  amended  by 
striking  out  the  word  "school"  whenever  it  occurs  and  inserting  the  word 
ic  college." 

SEC.  4.  Section  2253  of  the  general  statutes  [confer  section  2  of  act  of  1889, 
Chapter  LII]  is  amended  to  read  as  follows:  "  The  bonds  of  this  State  indorsed 
and  known  as  agricultural  college  bonds  and  constituting  the  capital  of  the  agri- 
cultural college  fund,  with  all  funds  heretofore  and  hereafter  received  from  the 
United  States  under  an.  act  of  Congress  approved  July  2,  1862,  shall  not  be  trans- 
ferable except  by  special  act  of  the  general  assembly,  but  shall  remain  in  the 
custody  of  the  commissioner  of  the  school  fund;  and  the  treasurer  and  said  com- 
missioner are  hereby  authorized  to  invest  any  money  now  in  their  hands,  or  that 
may  hereafter  come  into  their  hands,  belonging  to  the  principal  of  said  fund,  in 
any  securities,  except  personal  securities,  in  which  by  law  the  savings  banks  of  the 
State  may  invest,  and  said  commissioner  shall  seniiannually  receive  and  pay  over 
the  interest  accruing  from  said  fund  to  the  treasurer  of  this  State,  who  shall  semi- 
azinually  pay  over  the  interest  accruing  from  said  fund,  and  also  the  amount 
received  by  virtue  of  an  act  of  Congress  approved  August  30,  1890,  to  Yale  Uni- 
versity and  to  the  board  of  trustees  of  the  Storrs  Agricultural  College,  in  such 
proportions  and  for  the  purposes  and  on  the  conditions  set  forth  in  the  succeeding 
sections;  and  the  treasurer  shall  pay  interest,  at  the  rate  of  5  per  cent  per  annum, 
on  the  principal  of  such  funds  remaining  in  the  treasury  uninvested. ' ' 

SEC.  5.  The  corporation  of  Yale  University  shall,  upon  the  passage  of  this  act, 
and  semiannually  thereafter,  report  under  oath  to  the  treasurer  of  the  State  the 
number  of  pupils  in  attendance  at  Sheffield  Scientific  School  who  had,  previous 
ic  the  passage  of  this  act,  been  admitted  as  gratuitous  pupils  under  the  agree- 
ment between  Yale  College  and  the  general  assembly  of  this  State,  as  approved 
by  Governor  Buckingham  September  3, 1863,  and  thereupon  the  said  treasurer 
shall  pay  over  to  Yale  University  a  sum  equal  to  twice  the  amount  such  pupils 
would  be  required  to  pay  at  the  regular  rates  charged  other  pupils  of  the  said 
school. 

SEC.  6.  After  the  passage  of  this  act  no  further  nominations  or  appointments  of 
State  pupils  to  the  said  Sheffield  Scientific  School  shall  be  made,  and  no  portion 
of  the  interest  accruing  from  the  said  act  of  Congress,  approved  July  2, 1862,  and 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  35 

no  part  of  the  proceeds  of  the  act  of  Congress  of  1890  shall  be  paid  over  to  said 
corporation  of  Yale  University,  except  as  provided  in  section  5  of  this  act,  until 
said  corporation  shall  contract  in  writing,  in  such  form  as  the  governor  shall 
approve,  to  fulfill  and  perform  all  the  duties  and  obligations  imposed  upon  it  by 
this  act. 

SEC.  7.  After  the  passage  of  this  act  said  corporation  of  Yale  University  shall 
furnish  gratuitous  education  in  such  courses  of  instruction  as,  including  the 
courses  of  instruction  already  instituted  in  said  school,  shall  carry  out  the  intent 
of  the  aforesaid  act  of  Congress,  approved  July  2,  1862,  in  the  manner  especially 
prescribed  by  the  fourth  section  of  said  act. 

SEC.  8.  Said  corporation  shall  furnish  gratuitous  education  in  said  courses  of 
instruction  to  pupils  who  shall  be  annually  nominated  to  be  pupils  of  said  school 
in  the  manner  prescribed  by  law.  The  number  of  pupils  to  be  so  received  gra- 
tuitously into  said  school  shall  be  in  each  year  such  a  number  as  would  expend  a 
sum  equal  to  the  interest  on  the  proceeds  of  the  aforesaid  act  of  Congress  approved 
July  2,  1862,  for  the  same  year,  in  paying  for  their  instruction  in  said  school  if 
they  were  required  to  pay  for  it  at  the  regular  rates  charged  to  other  pupils  of 
said  school  for  the  same  year.  Said  pupils  shall  be  citizens  of  this  State,  and 
shall  be  admitted  into  said  school  upon  the  same  terms  and  subject  to  the  same 
rules  and  discipline  which  shall  apply  to  all  other  pupils  of  said  school,  with  the 
single  exception  that  they  shall  not  be  required  to  pay  anything  for  their  instruc- 
tion. 

SEC.  9.  All  the  interest  and  funds  arising  from  the  said  acts  of  Congress  of  1863 
and  1890  not  paid  over  to  Yale  University  by  the  provisions  of  this  act  shall  by 
said  State  treasurer  be  paid  over  to  the  trustees  of  the  Storrs  Agricultural  Col- 
lege for  the  use  of  said  college  in  the  manner  heretofore  provided  by  law. 

SEC.  10.  Should  any  question  of  damages,  growing  out  of  the  provisions  of  this 
act.  arise  between  the  corporation  of  Yale  University  and  the  State  of  Connecti- 
cut, such  question  of  damages  shall  be  referred  to  three  commissioners,  one  to  be 
selected  by  the  General  Assembly  of  this  State,  one  to  be  selected  by  the  corpora- 
tion of  Yale  University,  and  a  third  commissioner  to  be  agreed  upon  by  the  two 
first  mentioned,  or,  in  case  of  their  disagreement,  the  third  commissioner  shall,  upon 
application  thereto  by  the  other  commissioners,  be  appointed  by  the  chief  justice 
of  the  supreme  court  of  errors  of  this  State,  and  the  decision  of  said  commissioners, 
or  of  any  two  of  them,  in  writing,  shall  be  final,  and  their  award  shall,  if  in  favor 
of  Yale  University ,  constitute  a  claim  against  the  State.  The  comptroller  is  hereby 
authorized  and  directed  to  draw  his  order  upon  the  treasurer  in  favor  of  Yale 
University  for  the  amount  of  such  award,  which  shall  be  paid  from  the  sum  appro- 
priated for  general  purposes. 

SEC.  11.  The  State  of  Connecticut  hereby  assents  to  and  agrees  that  said  moneys 
shall  be  expended  in  accordance  with  the  provisions  of  said  act. 

SEC.  12.  Said  corporation  of  Yale  University  and  the  trustees  of  the  Storrs 
Agricultural  College  shall  annually  make  and  distribute  the  reports  called  for  by 
the  aforesaid  acts  of  Congress. 

SEC.  13.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

[Yale  University  called  for  the  constituting  of  the  commission  provided  f9r  in  section  10  of  the 
above  act.  The  commission  in  January,  1896,  rendered  a  decision  awarding  damages  to  Yale 
University  to  the  amount  of  $154,604.45,  equivalent  to  the  entire  fund  received  by  the  State  of 
Connecticut  under  the  act  of  July  2, 1862,  together  with  the  interest  on  that  sum  from  the  time 
of  the  legislative  act  of  1893  to  the  date  of  the  decision  of  the  commissioners.  The  income  from 
the  funds  received  under  the  act  of  July  2, 1862,  as  well  as  the  entire  funds  granted  to  the  State 
of  Connecticut  under  the  act  of  August  90, 1890,  are  now  paid  to  the  Connecticut  Agricultural 
College.] 

Public  Acts  1893,  Chapter  CCXXVI:  SECTION  1.  The  sum  of  $1,800  annually  is 
hereby  appropriated  to  the  Storrs  Agricultural  College  Experiment  Station  for 
the  purpose  of  investigating  the  economy  of  the  food  and  nutrition  of  man,  and 
for  investigations  of  the  bacteria  of  milk,  butter,  and  cheese,  and  their  effect  in 
the  dairy,  and  the  said  sum  shall  be  paid  in  equal  quarterly  installments  to  the 
treasurer  of  the  Storrs  Agricultural  College  Experiment  Station,  and  the  comp- 
troller is  hereby  directed  to  draw  his  order  for  the  same. 

Public  acts,  1899,  chapter  169:  SECTION  1.  The  name  of  the  Storrs  Agricultural 
College  is  hereby  changed  to  that  of  the  Connecticut  Agricultural  College,  and 
said  college  shall,  under  said  new  name,  have,  own,  and  enjoy  all  property  and 
rights  of  said  Storrs  Agricultural  College,  and  shall  be  subject  to  all  laws  appli- 
cable to  said  Storrs  Agricultural  College,  and  the  management  of  said  college  shall 
continue  as  at  present  until  changed  by  proper  authority.  Whenever  a  library 
building  shall  be  erected  upon  the  grounds  of  said  college  such  library  shall  be 
named  the  "Storrs  Memorial  Library,"  and  shall  bear  that  name  conspicuously 
both  exteriorly  and  interiorly. 


36  EDUCATION   REPORT,  1901-1902. 

SEC.  3.  [Repealed  by  section  2,  chapter  70,  acts  1901.]  There  shall  be  a  trustee 
of  the  Connecticut  Agricultural  College  in  addition  to  those  now  provided  by  law, 
who  shall  be  elected  for  a  term  of  four  years  *  *  *  by  and  from  the  gradu- 
ates of  said  institution,  the  election  to  be  under  the  supervision  of  the  trustees  for 
the  time  being  and  to  be  so  conducted  that  all  graduates  shall  have  an  opportunity 
to  vote  therein  by  signed  ballots  deposited  personally  or  by  letter. 

Public  acts,  1895  [1899] ,  Chapter  CCXXXV,  as  amended  by  the  act  of  1899,  chap- 
ter 22:  The  Connecticut  Agricultural  Experiment  Station  shall  make  analyses  of 
food  products  on  sale  in  Connecticut  or  kept  in  Connecticut  for  export,  to  be  sold 
without  the  State,  suspected  of  being  adulterated.  Samples  of  food  products  for 
analysis  shall  be  taken  by  the  duly  authorized  agents  of  the  station  or  by  the  dairy 
commissioner  or  his  deputy,  at  such  times  and  places  and  to  such  an  extent  as  in 
the  judgment  of  the  officers  of  said  experiment  station  and  of  the  dairy  commis- 
sioner shall  seem  expedient.  The  dairy  commissioner  or  his  deputy  shall  have  full 
access  at  all  reasonable  hours  to  any  place  wherein  it  is  suspected  that  there  is 
kept  for  sale  or  for  export,  as  above  specified,  any  article  of  food  adulterated  with 
any  deleterious  or  foreign  ingredient  or  ingredients,  and  said  dairy  commissioner 
or  his  deputy,  upon  tendering  the  market  price  of  such  article,  may  take  from  any 
person,  firm,  or  corporation  samples  of  the  same.  The  said  experiment  station 
may  adopt  or  fix  standards  of  purity,  quality,  or  strength,  when  such  standards 
are  not  specified  by  law.  Whenever  said  experiment  station  shall  find  by  its 
analysis  that  adulterated  food  products  have  been  on  sale  in  the  State,  or  kept  in 
the  State  for  export  for  sale  without  the  State,  it  shall  forthwith  transmit  the 
facts  so  found  to  the  dairy  commissioner,  who  shall  make  complaint  to  the  proper 
prosecuting  officer  to  the  end  that  violators  of  the  law  relating  to  the  adulteration 
of  food  products  shall  be  prosecuted. 

Public  acts,  1899.  chapter  147:  Five  thousand  copies  of  the  annual  report  of  the 
State  board  of  agriculture  shall  be  printed  at  the  expense  of  the  State.  The 
reports  of  the  Connecticut  Agricultural  Experiment  Station  and  the  Storrs  Agri- 
cultural Experiment  Station  shall  be  eliminated  from  the  report  of  the  State 
board  of  agriculture;  7,000  copies  of  the  report  of  the  Connecticut  Agricultural 
Experiment  Station  and  7,000  copies  of  the  report  of  the  Storrs  Agricultural 
Experiment  Station,  not  to  exceed  400  pages  each  or  the  equivalent  thereof  in 
paper,  pages,  and  printing  in  the  form  of  a  smaller  report  and  a  series  of  popular 
bulletins,  shall  be  printed  at  the  expense  of  the  State. 

Public  Acts,  1901,  chapter  70:  SECTION  1.  There  shall  be  a  trustee  of  the  Con- 
necticut Agricultural  College  in  addition  to  those  now  provided  by  law  to  be 
known  as  the  alumni  trustee,  who  shall  be  a  graduate  of  the  institution  of  at  least 
five  years'  standing,  and  who  shall  be  elected  at  the  college  during  commence- 
ment week  for  a  term  of  two  years  *  *  *  by  the  graduates  of  said  institution. 
The  election  shall  be  under  the  supervision  of  a  canvassing  board,  to  consist  of 
three  members,  one  appointed  by  the  board  of  trustees,  one  by  the  alumni  asso- 
ciation of  the  college,  and  one  to  be  selected  by  the  two  aforesaid,  and  to  be  so 
conducted  that  all  graduates  shall  have  opportunity  to  vote  therein  by  signed 
ballots  deposited  personally  or  by  letter. 

SEC.  2.  Section  3  of  chapter  169,  1899,  is  hereby  repealed.  [This  act  taking  its 
place.] 

Public  acts,  1901,  chapter  175:  SECTION  1.  The  board  of  control  of  the  Con- 
necticut Agricultural  Experiment  Station  at  New  Haven  shall  designate  and 
appoint  a  man  qualified  by  scientific  training  and  practical  experience  to  be  State 
forester  during  the  pleasure  of  the  board,  and  to  be  responsible  to  said  board  for 
the  performance  of  his  duties  as  prescribed  in  this  act.  The  State  forester  shall 
have  an  office  at  the  experiment  station  in  New  Haven,  but  shall  receive  no  com- 
pensation other  than  his  regular  salary  as  a  member  of  the  station  staff  of  deputies 
or  aids,  as  may  be  necessary. 

SEC.  2.  The  State  forester  is  authorized  to  buy  land  in  the  State  suitable  for  the 
growth  of  oak,  pine,  or  chestnut  lumber,  at  a  price  not  exceeding  $4  per  acre,  to 
the  amount  of  the  appropriation  hereinafter  named,  which  land  shall  be  deeded 
to  the  State  of  Connecticut  and  shall  be  called  a  State  park. 

SEC.  3.  The  State  forester  is  authorized  to  plant  the  lands  so  bought  with  seed 
or  seedlings  of  oak,  pine,  and  chestnut  and  such  other  trees  as  he  may  deem  nec- 
essary or  expedient,  at  a  cost  not  exceeding  $2.50  an  acre;  to  exchange  the  land  so 
bought  with  adjoining  proprietors,  if  desirable,  in  order  to  make  the  State  park 
more  compact  for  fencing,  and  for  and  in  behalf  of  the  State  to  execute  deeds  for 
such  purpose;  to  fence  such  lands  with  substantial  wire  fencing,  not  barbed,  and 
to  use  proper  precautions  to  protect  said  lands  from  forest  fires,  from  trespasses, 
and  the  destruction  of  game,  fish,  and  timber  thereon,  and  in  so  doing  may  employ 
such  local  wardens  or  assistants  as  may  be  necessary. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  37 

SEC.  4.  The  State  forester  shall  be  the  lawful  custodian  of  such  lands,  with 

Eower  to  enter  complaint  against  trespassers  thereon,  and  shall  pay,  from  the  sum 
ereinafter  appropriated,  the  town  taxes  upon  said  land  when  assessed  at  the  same 
rate  as  similar  adjoining  lands,  and  with  the  approval  of  the  governor  and  the 
attorney-general  may  sell  portions  of  the  same  when  they  shall  command  a  greater 
price  than  the  cost  and  interest  therecn,  and  may  execute  a  deed  for  the  sale  for 
and  in  behalf  of  the  State. 

SEC.  5.  The  sum  of  $2,000  for  the  two  fiscal  years  ending  September  30,  1903,  is 
hereby  appropriated  for  carrying  out  the  provisions  of  this  act. 

SEC.  6.  The  accounts  of  the  forester  for  all  disbursements  under  the  provisions 
of  this  act  shall  be  paid  by  the  comptroller  upon  the  audit  of  the  State  board  of 
control. 

DELAWARE. 

TThe  following  matter  is  taken  from  the  Revised  Statutes  of  the  State  of  Delaware,  pub- 
lished at  Wilmington,  1893.] 

Chapter  XLIII  (chap.  513,  vol.  13,  Laws  of  Delaware) :  Delaware  College.  SEC- 
TION 1.  Delaware  College  at  Newark,  reincorporated  by  act  of  February  10,  1851, 
for  a  period  of  twenty  years,  is  hereby  recognized  and  reincorporated  as  a  college 
for  another  period  of  twenty  years,  from  and  after  the  10th  day  of  February, 
A.  D.  1871. 

2.  The  leading  object  of  said  college  shall  be,  without  excluding  other 
scientific  and  classical  studies,  and  including  military  tactics,  to  teach  such 
branches  of  learning  as  are  related  to  agriculture  and  the  mechanic  arts,  in 
order  to  promote  the  liberal  and  practical  education  of  the  industrial  classes  in 
the  several  pursuits  and  professions  in  life. 

SEC.  3.  The  board  of  trustees  of  said  college  shall  consist  of  30  members,  together 
with  the  governor  of  the  State  and  the  president  of  the  college,  who  shall  be 
members  ex  officio,  one-half  of  whom  shall  be  appointed  by  the  governor,  who 
shall  fill  vacancies  which  may  hereafter  occur  in  their  number,  and  the  other 
hul  i'  shall  be  appointed  by  the  remaining  members  of  the  present  board,  who  shall 
have  power  to  fill  vacancies  occurring  in  their  number;  and  the  joint  board  so 
constituted  shall  have  the  entire  control  and  management  of  the  affairs  of  the 
college,  with  power  to  appoint  and  remove  all  subordinate  officers  and  agents, 
and  to  make  by-laws  as  well  for  their  own  government  as  that  of  the  college. 

Sr.< !.  4.  There  shall  be  two  stated  meetings  of  the  board  every  year  at  such  time 
and  place  as  may  be  fixed  by  the  by-laws,  and  occasional  meetings  may  be  held 
on  the  call  of  the  president,  which  he  may  make  at  discretion,  and  shall  make  on 
the  written  request  of  any  two  or  more  members  of  the  board  of  trustees.  The 
secretary  of  the  board  shall  give  two  weeks'  written  notice  of  all  meetings,  and 
the  time,  place,  and  piirpose  of  occasional  meetings  shall  be  stated  in  the  notice 
thereof,  and  the  proceedings  of  such  meetings  shall  be  confined  strictly  to  the 
purpose  stated  therein. 

SEC.  5.  Nine  members  of  the  board  shall  constitute  a  quorum  to  do  business,  but 
a  less  number  may  adjourn.  Officers  may  be  appointed  for  the  occasion  in  the 
absence  of  the  regular  officers.  The  place  of  a  trustee  who  shall  be  absent  from 
three  successive  stated  meetings  shall  be  vacated,  unless  the  board  shall  other- 
wise especially  direct,  and  a  vacancy  thus  created  shall  be  filled  as  in  other  cases. 
And  a  trustee  appointed  and  not  accepting  at  or  before  the  next  stated  meeting 
shall  be  considered  as  declining,  and  a  new  appointment  made. 

SEC.  6.  The  trustees,  as  ascertained  and  limited  by  this  act,  shall  continue  to  be 
a  corporation  by  the  name  of  the  trustees  of  Delaware  College,  with  all  the  powers 
and  franchises  incident  to  such  an  institution,  including  the  capacity  to  take  and 
hold  real  and  personal  estate,  not  exceeding  in  annual  value  $50,000,  by  deed, 
devise,  bequest,  gift,  grant,  or  otherwise,  and  the  same  to  alien,  sell,  transfer, 
or  dispose  of  as  occasion  may  require,  and  the  proceeds  thereof  to  be  reinvested 
in  other  property,  funds,  or  securities  for  the  benefit  of  said  college,  and  in 
accordance  with  the  spirit  and  purpose  of  this  act. 

SEC.  7.  The  faculty,  consisting  of  the  professors  and  tutors  employed  by  the 
board  of  trustees,  one  of  whom  shall  be  president  of  the  college,  shall  have  the 
care,  control,  government,  and  instruction  of  the  students,  subject,  however,  to 
the  by-laws.  They  shall  have  authority,  with  the  approbation  of  the  board  of 
trrfstees,  to  confer  degrees  and  grant  diplomas. 

SEC.  8.  The  college  fund,  created  by  resolution  of  the  general  assembly  of  Jan- 
uary 28,  1824,  and  transferred  by  act  of  February  5,  1833,  to  "the  trustees  of 
Newark  College,"  and  all  other  funds,  stock,  money,  or  property  belonging  to  or 
appropriated  for,  or  raised,  paid,  or  payable  to  the  trustees  of  Delaware  College, 


38  EDUCATION   KEPOET,  1901-1902. 

by  that  or  any  other  name,  shall  be  a  part  of  the  endowment  of  said  college  and 
shall  be  held,  appropriated,  and  used  as  such  by  the  said  trustees. 

SEC.  9.  Devises,  bequests,  gifts,  and  grants  to  the  corporation  shall  not  be 
avoided  by  any  misnomer  if  the  description  can  be  understood  with  reasonable 
certainty.  And  the  corporation  shall  not  be  dissolved  by  nonuser  so  long  as  there 
shall  remain  seven  trustees.  The  secretary  of  state  shall  transmit  to  the  president 
of  Delaware  College,  to  be  kept  and  placed  in  the  library,  a  copy  of  all  public 
documents  of  which  he  may  receive  duplicates,  whenever  the  same  shall  not  have 
been  already  appropriated.  This  college  shall  never  be  managed  or  conducted  in 
the  interest  of  any  party,  sect,  or  denomination,  and  the  trustees  of  said  college 
shall  make  a  report  of  its  condition  to  the  legislature  at  each  regular  biennial 
session.  (February  17,  1869.) 

Chapter  48,  volume  14,  Laws  of  Delaware:  SEC.  2.  It  shall  not  be  lawful  for 
any  person,  whether  licensed  to  sell  spirituous  and  fermented  liquors  or  not,  to 
sell,  dispose  of,  barter,  or  give  to,  or  be  instrumental  in  procuring  for  any  student 
of  Delaware  College,  within  2  miles  of  the  said  college,  any  spirituous  or  fermented 
liquors  or  cordials  of  any  kind  in  any  quantity  whatever,  and  any  person  violating 
the  provisions  of  this  section  shall  be  liable  to  a  fine  of  $25  for  the  first  offense, 
and  $50  for  the  second  offense,  and  $100  for  every  subsequent  offense,  and  shall  be 
imprisoned  until  the  said  fines  and  costs  shall  be  paid:  the  fines  herein  incurred 
to  be  collected  as  similar  fines  are  now  collected  by  law,  one-half  to  be  paid  over 
to  the  informer  and  the  other  half  to  go  to  the  constable  or  officer  serving  the 
warrant.  (March  2,  1871.) 

Chapter  408,  volume  14,  Laws  of  Delaware:  SECTION  1.  The  treasurer  of  this 
State  is  hereby  authorized  and  required  to  pay  over  to  the  treasurer  of  the  board 
of  trustees  of  Delaware  College  the  sum  of  $3,000  per  annum  for  the  period  of  two 
years,  in  equal  quarterly  installments,  the  first  installment  to  be  paid  on  the  1st 
day  of  October,  1873:  Provided,  That  whenever  the  college  shall  receive  additional 
aid  from  the  General  Government  this  appropriation  shall  cease. 

SEC.  2.  In  consideration  of  the  appropriation  herein  made,  the  trustees  of  Dela- 
ware College  shall  provide  free  instruction  of  a  suitable  character  for  10  students 
from  each  county  of  the  State  whenever  such  students,  on  presenting  themselves 
for  admission,  shall  obligate  themselves  to  teach  in  the  free  schools  of  the  State 
for  not  less  than  one  year. 

SEC.  3.  Until  otherwise  provided  by  law,  the  appointments  to  the  free  scholar- 
ships herein  established  shall  be  made  by  the  members  of  the  legislature,  each 
senator  and  representative  being  entitled  to  make  one  appointment.  (March  27, 
1873.) 

Chapter  625,  volume  18,  Laws  of  Delaware:  Delaware  College,  at  Newark,  Del., 
reincorporated  by  act  of  February  17,  1869,  for  a  period  of  twenty  years  from 
February  10, 1871,  be,  and  the  same  is  hereby,  reincorporated  as  a  college,  with  the 
same  duties,  privileges,  and  prerogatives  as  now  legally  enjoyed  and  exercised  by 
that  institution  for  a  further  period  of  twenty  years  from  and  after  the  10th  day 
of  February,  1889.  (February  21,  1889.) 

Chapter  137,  volume  13,  Laws  of  Delaware  [see  law  of  February  17,  1869,  the 
first  of  this  collection]:  Whereas  the  legislature  of  this  State  by  a  recent  act 
accepted  the  provisions  of  an  act  of  Congress  approved  July  2,  1862;  and  whereas 
the  said  act  of  Congress  renders  it  the  duty  of  the  State  to  provide  the  buildings, 
grounds,  and  appliances  necessary  to  carry  out  the  objects  of  said  act;  and  whereas 
the  board  of  trustees  of  Delaware  College  have  proposed  to  convey  to  the  State 
of  Delaware  a  joint  and  equal  interest  in  the  grounds,  buildings,  libraries, 
apparatus,  and  vested  fund  of  said  college  property,  upon  the  condition  that  the 
State  shall  vest  the  income  to  be  derived  from  the  sale  of  the  said  lands  in  a  board 
of  trustees,  not  more  than  one-half  of  whom  shall  be  the  representatives  of  the 
State,  and  the  remainder  the  representatives  of  the  present  board,  for  the  purpose 
of  establishing  at  Newark,  in  connection  with  said  college,  an  institution  which 
shall  meet  the  requirements  of  the  act  of  Congress  and  extend  to  the  people  of 
our  State  the  benefits  of  its  provisions: 

SECTION  1.  The  proposition  of  the  board  of  trustees  of  Delaware  College  is 
hereby  accepted  and  Delaware  College  is  adopted  and  established  as  the  institu- 
tion to  be  provided  by  the  State  of  Delaware  in  accordance  with  the  provisions  of 
the  act  of  Congress  approved  July  2,  1862. 

SEC.  2.  The  State  treasurer,  in  conjunction  with  the  governor  of  the  State,  and 
the  president  of  the  board  of  trustees  of  Delaware  College,  is  hereby  authorized 
and  required  to  sell  and  assign,  upon  such  terms  and  conditions  as  they  may  deem 
best  for  the  interest  of  the  State  of  Delaware,  the  whole  or  any  part  of  the  scrip 
or  land  warrants  issued  or  to  be  issued  to  the  State  by  virtue  of  said  act  of  Con- 
gress. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  39 

SEC.  3.  The  proceeds  of  the  sale  or  sales  aforesaid  shall  be  invested  by  the  said 
treasurer  in  interest-bearing  bonds  of  this  State  or  of  the  United  States,  at  his  dis- 
cretion, the  principal  of  which  bonds  shall  be  forever  held  sacred  for  the  purposes 
contemplated  in  the  act  of  Congress  aforesaid,  and  shall  not  be  transferable  except 
by  a  special  act  of  the  legislature. 

SEC.  4.  The  State  treasurer  may  perform  and  discharge  any  of  the  acts,  trusts, 
or  duties  authorized,  directed,  or  conferred  herein  by  any  agent  or  agents  by  him 
selected  and  appointed,  and  with  the  consent  and  advice  of  the  governor  of  the 
State.  All  costs  and  expenses  incurred  in  selling  or  assigning  the  said  land  scrip, 
or  investing  the  proceeds  thereof,  shall  be  allowed  and  paid  out  of  any  funds  in 
the  State  treasury  not  otherwise  appropriated. 

SEC.  5.  The  State  treasurer  shall,  semiannually,  receive  and  pay  over  the  interest 
of  said  bonds  to  the  treasurer  of  the  lx>ard  of  trustees  of  Delaware  College  for  the 
purposes  and  on  the  conditions  hereinafter  mentioned. 

SEC.  6.  The  board  of  trustees  of  Delaware  College  shall  devote  said  interest  to  the 
maintenance  of  such  course  or  courses  of  instruction  in  said  college  as  shall  carry  out 
the  intent  of  the  act  of  Congress  aforesaid,  and  shall  provide  for  the  gratuitous 
instruction  of  one  pupil  from  each  hundred  in  the  State,  who  shall  be  annually 
nominated  to  be  pupils  of  said  college  in  such  manner  as  the  legislature  may  pre- 
scribe. Said  pupils,  so  nominated  and  received,  shall  be  residents  of  this  State, 
and  shall  be  admitted  into  said  college  upon  the  same  terms  and  subject  to  the 
same  rules  and  discipline  which  shall  apply  to  all  other  pupils  of  said  college,  with 
the  single  exception  that  they  shall  not  be  required  to  pay  anything  for  their 
instruction. 

SEC.  7.  Said  board  of  trustees  shall,  annually,  on  or  before  the  1st  day  of  Feb- 
ruary in  each  and  every  year,  make  up  and  distribute  the  reports  required  by  the 
fourth  paragraph  of  the  fifth  section  of  the  said  act  of  Congress. 

SEC.  8.  The  governor  is  hereby  authorized  to  appoint  five  trustees  from  each 
county  of  the  State  to  be  members  of  the  board  of  trustees  of  Delaware  College 
on  behalf  of  the  State,  and  to  fill  all  vacancies  which  may  arise  in  such  appoint- 
ments, occasioned  by  death,  resignation,  or  otherwise,  and  that  the  present  board 
of  trustees  of  Delaware  College  shall  fill  up  the  remaining  vacancies  in  said  board 
in  the  manner  and  to  the  number  prescribed  in  the  charter  of  Delaware  College, 
as  well  as  to  fill  any  vacancies  which  may  hereafter  arise  in  their  number,  and 
the  joint  board  of  trustees  thus  reorganized  shall  have  the  entire  control  and 
management  of  said  institution,  subject  to  the  provisions  of  its  charter  and  the 
terms  of  the  act:  Provided,  That  said  institution  shall  never  be  managed  or 
conducted  in  the  interests  of  any  party,  sect,  or  denomination. 

SEC.  9.  The  board  of  trustees  of  Delaware  College  shall  report  such  amendments 
to  this  act,  or  such  further  acts  or  laws,  as  they  may  deem  necessary  and  proper 
to  carry  out  the  objects  contemplated  by  this  act.  (March  14,  1867.) 

Chapter  420,  volume  13,  Laws  of  Delaware:  SECTION  1.  The  number  of  students 
from  each  county  shall  not  exceed  [ten  from  each  county] .  Each  hundred  in  each 
county  shall  have  an  equal  number  of  the;  appointees  to  the  college  established  by 
the  act  passed  March  14,  1867  [above] ,  and  in  making  the  nominations  of  the 
pupils  under  the  act  aforesaid  hereafter,  the  hundred  as  herein  named  shall  always 
be  construed  to  mean  such  territory  as  was  embraced  within  the  limits  of  the 
.  tiye  hundreds  in  each  county  at  the  time  the  counties  were  each  embraced 
within  limits  of  ten  hundreds  only. 

SEC.  2.  They  shall  be  nominated  in  this  manner:  Each  member  of  the  general 
assembly  for  the  time  being,  whether  during  a  session  or  in  vacation,  as  occasion 
may  require,  shall  nominate  the  students  to  which  his  or  their  hundred  shall  be 
entitled,  and  nominations  from  hundreds  within  the  meaning  of  this  act  shall  be 
made  whenever  a  vacancy  occurs  in  a  hundred  by  nonacceptance,  death,  or  other- 
wise. When  there  are  two  or  more  members  of  the  general  assembly  from  one 
hundred,  they  shall  decide  who  shall  nominate  from  the  hundred  or  hundreds, 
within  the  meaning  of  this  act,  having  no  resident  member,  together  with  the 
hundred  where  they  may  reside,  by  writing  the  names  of  the  hundreds  on  separate 
paper  and  drawing  as  by  lot;  the  hundred  which  a  member  may  so  draw,  the 
same  shall  be  his,  so  drawing,  to  nominate  therefrom  during  his  term. 

SEC.  3.  No  person  shall  be  nominated  on  the  part  of  the  State  as  a  student  of 
Delaware  College  who  is  under  the  age  of  16  years  or  over  21.  (March  15,  1869.) 

Chapter  55,  volume  14,  Laws  of  Delaware:  SECTION  1.  A.  B.,  late  State  treas- 
urer and  trustee  of  the  funds  arising  from  the  sale  of  the  land  scrip  mentioned  in 
the  act  (March  14,  1867)  to  which  this  is  a  supplement,  is  hereby  directed  to  trans- 
fer and  deliver  to  the  State  treasurer  all  the  funds,  bonds,  and  other  securities, 
as  well  as  any  scrip  yet  in  his  hands  or  under  his  control,  if  any,  taking  his  receipt 


40  EDUCATION   REPORT,  1901-1902. 

therefor;  and  the  State  treasurer  shall,  when  received  by  him,  hold  and  be  account- 
able for  them  in  his  official  capacity. 

Sac.  2.  It  shall  be  the  duty  of  the  State  treasurer,  in  addition  to  the  other  duties 
imposed  by  the  act  to  which  this  is  a  supplement,  to  keep  said  funds,  bonds,  and 
other  securities  and  scrip  in  the  Farmers'  Bank,  at  Dover,  and  to  keep  a  separate 
and  distinct  account  of  said  trust  funds,  and  to  make  a  full  and  detailed  report  of 
the  condition  thereof  to  the  trustees  of  Delaware  College  on  the  1st  day  of  July 
in  each  year,  and  also  to  the  legislature  at  each  biennial  session.  (March  30, 1871. ) 

Chapter  119,  volume  19,  Laws  of  Delaware: 

SECTION  1.  The  governor  of  the  State,  on  the  first  Tuesday  in  June,  1891,  and 
every  four  years  thereafter,  shall  appoint  and  commission  two  respectable  and 
well-qualified  persons  from  each  county,  who  shall  constitute  the  board  of  trus- 
tees for  the  [State]  College  for  Colored  Students.  The  said  trustees  shall  hold 
their  office  for  a  period  of  four  years  or  until  their  successors  shall  in  like  manner 
be  appointed.  In  case  of  a  vacancy  by  death,  resignation,  or  otherwise,  the  gov- 
ernor shall  appoint  for  the  unexpired  term. 

SEC.  2.  The  trustees  named  in  this  act  are  hereby  ordained  and  declared  to  be  a 
body  corporate  by  the  name  and  style  of  "  The  Trustees  of  [the  State]  College  for 
Colored  Students,"  with  all  the  powers  and  franchises  incident  to  such  an  institu- 
tion, including  the  capacity  to  take  and  hold  real  and  personal  estate  by  deed, 
devise,  bequest,  gift,  grant,  or  otherwise,  and  the  same  to  alien,  sell,  transfer,  and 
dispose  of  as  occasion  may  require,  and  the  proceeds  thereof  to  be  reinvested  in 
other  property,  funds,  or  securities  for  the  benefit  of  said  college,  and  in  accord- 
ance with  the  spirit  and  purpose  of  this  act. 

SEC.  3.  The  purpose  and  object  of  said  college  shall  be  to  impcart  instruction  in 
agriculture,  the  mechanic  arts,  the  English  language,  the  various  branches  of 
mathematical,  physical,  natural  and  economic  science,  with  special  reference  to 
their  application  in  the  industries  of  life,  and  to  the  facilities  for  such  instruction, 
in  order  to  promote  the  liberal  and  practical  education  of  the  industrial  classes  in 
the  several  pursuits  and  professions  in  life,  but  other  scientific  and  classical 
studies  may  be  taught,  and  a  normal  school  for  the  preparation  of  teachers  may 
be  connected  with  the  college  under  such  rules  and  regulations  as  the  trustees 
may  adopt. 

SEC.  4.  The  said  board  of  trustees  shall  have  the  superintendence  of  said  college, 
with  power  to  appoint  and  remove  the  faculty  and  other  officers  and  agents  of  the  col- 
lege and  of  their  own  body;  to  fill  vacancies  and  to  make  by-laws  as  well  for  the 
government  of  the  college  as  their  own  government,  and  to  conduct  all  the  concerns 
of  the  institution.  [Four]  members  of  the  board  shall  constitute  a  quorum,  and 
meetings  of  the  board  shall  be  held  as  the  by-laws  may  prescribe:  Provided,  That 
said  by-laws  shall  not  conflict  with  the  constitution  or  laws  of  the  United  States 
or  of  this  State. 

SEC.  5.  The  faculty  of  the  college,  composed  of  the  teachers  whom  the  trustees 
shall  employ,  one  of  whom  shall  be  president  of  the  college  and  ex  officio  member 
of  the  board  of  trustees,  shall  have  the  care,  government,  and  instruction  of  the 
students^  subject,  however,  to  the  by-laws.  They  shall  have  authority,  with  the 
approbation  of  the  board  of  trustees,  to  confer  degrees  and  grant  diplomas. 

SEC.  6.  Devises,  bequests,  grants,  and  gifts  to  this  corporation  shall  not  be 
avoided  by  any  misnomer,  if  the  description  can  be  understood  with  reasonable 
certainty. 

SEC.  7.  The  sum  of  $8,000  is  hereby  appropriated  from  the  State  treasury  to  the 
said  "  The  Trustees  of  the  State  College  for  Colored  Students,"  to  be  used  primarily 
for  the  purchase  of  land  and  for  the  erection,  preservation,  repair,  and  equipment 
of  any  building  or  buildings  which  said  trustees  shall  hereafter  acquire  for  the 
purposes  of  said  college,  and  if  the  whole  of  said  sum  should  not  be  required  for 
the  purchase  of  land  and  for  the  erection,  preservation,  or  repair  of  buildings,  the 
remainder  of  said  sum  shall  be  used  for  the  maintenance  and  support  of  said  insti- 
tution. Said  sum  shall  be  paid  by  the  State  treasurer  to  the  treasurer  of  said 
trustees,  upon  his  giving  bond  and  security  as  hereinafter  provided  after  notice 
received  under  the  hand  of  the  president  and  secretary  of  the  said  trustees  that 
said  body  is  fully  organized  and  prepared  to  carry  out  the  purposes  of  this  act. 

SEC.  8.  The  State  treasurer  is  hereby  directed  and  required  to  pay  annually  to 
the  treasurer  of  the  said  "Trustees  of  the  State  College  for  Colored  Students" 
20  per  cent  or  one-fifth  part  of  the  sum  of  money  which  he,  the  said  State  treasurer, 
has  already  received  and  hereafter  shall  receive  annually  by  virtue  of  an  act  of 
Congress  approved  August  30, 1890, entitled  [etc.]. 

SEC.  9.  The  moneys  received  by  said  trustees  as  provided  in  the  foregoing  sec- 
tion shall  be  used  by  said  trustees  for  the  support  and  maintenance  of  said  college, 


LAWS    RELATING    TO    LAKD-GKANT    COLLEGES.  41 

and  the  treasurer  of  said  trustees,  before  receiving  any  money  from  said  State  treas- 
urer, shall  give  bond  with  good  and  sufficient  security  to  the  State  of  Delaware  in 
the  sum  of  $10,000,  conditioned  for  the  faithful  application  of  all  the  moneys 
received.  Said  bond  shall  be  approved  by  said  trustees  and  shall  be  deposited  in 
the  office  of  the  secretary  of  state.  (May  15,  1891.) 

Chapter  438,  volume  17,  Laws  of  Delaware: 

SECTION  1.  The  person  occupying  the  chair  of  chemistry  in  Delaware  College, 
at  Newark,  Del.,  is  hereby  declared  ex-ofiicio  State  chemist. 

SEC.  2.  It  shall  be  the  duty  of  the  State  chemist  annually  to  analyze  samples  of 
all  fertilizers  which  may  be  offered  for  sale  within  this  State,  and  for  this  pur- 
pose he  is  authorized  and  directed  to  take  from  not  less  than  five  original  pack- 
ages of  said  fertilizers  which  may  be  in  the  possession  of  any  manufacturer, 
dealer,  or  persons  using  the  same,  two  samples  not  exceeding  one  pound  in  weight, 
one  sample  to  be  retained  by  the  State  chemist,  and  the  other  sample  to  be  sent 
by  the  State  chemist,  in  a  sealed  bottle  or  can,  to  the  secretary  of  state,  who  shall 
keep  the  same;  and  in  case  any  manufacturer  should  request  another  analysis, 
then  the  sample  retained  by  the  secretary  of  state,  at  the  request  of  any  manu- 
facturer, shall  be  sent  to  any  chemist  which  the  secretary  of  state,  State  chemist, 
and  manufacturer  shall  agree  upon. 

SEC.  3.  Every  bag,  barrel,  or  other  package  of  commercial  fertilizer  manufac- 
tured or  sold  in  this  State  shall  have  plainly  stamped  thereon  the  number  of  net 
pounds  of  fertilizer  in  the  package,  the  name,  brand,  or  trade-mark  under  which 
the  fertilizer  is  sold,  the  name  and  address  of  the  manufacturer,  the  place  of 
manufacture,  and  the  chemical  analysis,  stating  the  percentage  of  ammonia,  of 
potash  soluble  in  water,  of  available  phosphoric  acid,  and  of  insoluble  phos- 
phoric acid;  and  any  manufacturer  or  dealer  who  shall  misrepresent  the  propor- 
tion of  ammonia,  phosphoric  acid  and  potash,  or  either  of  them,  contained  in  such 
fertilizer,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  on  indict- 
ment shall  be  fined  $200  for  the  first  offense  and  $300  for  each  subsequent  offense. 

SEC.  13.  In  case  the  State  chemist  willfully  makes  any  false  or  untrue  analy- 
sis he  shall  be  deemed  guilty  of  a  common  nuisance,  and  upon  conviction  thereof 
shall  be  fined  a  sum  not  exceeding  $100,  and  shall  stand  committed  to  the  custody 
of  the  sheriff  until  said  fine  is  paid.  (April  16,  1885. ) 

Chapter  240,  volume  21,  Laws  of  Delaware:  Whereas  the  great  advance  in  medi- 
cal science  has  reached  a  point  of  exactitude  heretofore  unknown,  more  especially 
as  to  the  cause  and  prevention  of  disease,  and  has  attained  the  ability  of  demon- 
strating to  a  certainty  the  bacteriological  origin  of  many  of  our  most  prevalent 
and  fatal  di-rase-:  and  whereas  by  microscopic  and  biological  investigation  the 
presence  of  these  diseases  can  be  made  manifest  when  symptomatology  fails,  thus 
enabling  the  boards  of  health  to  make  timely  provision  against  the  spread  of  the 
disease,  and  by  so  doing  save  the  health  and  life  of  many  citizens;  and  whereas 
these  investigations  can  only  be  safely  made  in  a  laboratory  fully  and  properly 
equipped  for  the  purpose,  and  managed  by  skilled  manipulators  of  special  knowl- 
rd.trc  and  experience  in  the  sciences  of  pathology  and  bacteriology;  and  whereas 
Delaware  College  possesses  excellent  facilities  in  the  way  of  suitable  rooms  and 
adequate  equipment  of  libraries  and  apparatus,  and  besides  offers  at  no  cost  the 
supervision  of  a  trained  bacteriologist  as  a  guaranty  of  the  character  of  the  work; 
ami  whereas  a  similar  line  of  work  as  regards  domestic  animals  is  carried  on  at 
the  college  under  the  provisions  of  the  Hatch  bill,  none  of  which  provisions  could 
•d  for  the  purposes  contemplated  in  this  act:  Therefore, 

Si:<  TION  1.  In  addition  to  the  duties  and  powers  with  which  the  board  of  health 
of  the  State  of  Delaware  is  now  invested  by  the  constitution  and  laws  of  this  State, 
it  is  hereby  empowered  to  establish  and  supervise  a  pathological  and  bacteriolog- 
ical laboratory  at  Delaware  College,  and  to  supplement  the  equipment  already 
there  with  any  additional  appliances  necessary  to  make  it  perfectly  safe  and 
reliable  for  the  thorough  use  of  any  or  all  of  these  means  of  protecting  the  citi- 
zens of  the  State  against  the  spread  of  disease. 

Six1.  2.  The  said  laboratory  shall,  by  and  with  the  advice  and  consent  of  the 
board  of  trustees  of  Delaware  College,  be  located  in  buildings  now  belonging  to 
said  college,  and  said  board  of  trustees  shall  furnish  such  accommodation  of 
rooms,  apparatus,  and  skilled  supervision  as  may  be  required  for  said  laboratory. 

SEC.  3.  The  pathologists  and  bacteriologists,  elected  as  hereinafter  provided, 
shall  conduct  the  routine  work  of  said  laboratory  under  the  direction  and  super- 
vision of  the  bacteriologist  of  Delaware  College,  and  shall  make  all  examinations 
and  analyses,  etc.,  that  may  be  necessary,  under  the  direction  of  the  board  of 
health  of  the  State,  for  all  the  purposes  that  may  be  required  to  fully  execute  the 
intents  of  this  act:  Provided,  however,  That  this  shall  not  be  so  construed  as  to 


42  .  EDUCATION   REPORT,  1901-1902. 

interrupt  or  limit  the  power  in  the  full  control  and  management  of  the  laboratory 
of  the  State  board  of  health. 

SEC.  4.  All  physicians,  dentists,  veterinary  surgeons,  or  others  practicing  med- 
icine or  surgery  or  any  branch  thereof  under  the  laws  of  this  State  shall  be 
required  to  give  prompt  notice  to  the  local  or  State  board  of  health  of  any  and  all 
cases  of  contagious  or  infectious  disease  that  may  come  under  their  professional 
notice,  and  shall  have  free  access  to  the  work  of  the  laboratory  for  the  determina- 
tion of  the  diagnosis  of  any  doubtful  ol*  suspicious  case  by  forwarding  (prepaid) 
a  sufficient  sample  of  urine,  blood,  sputum,  or  other  substance  of  such  case  to  the 
said  pathologist  and  bacteriologist  at  Newark  for  examination,  who  shall  exam- 
ine the  substance  so  sent  and  report  to  the  physician,  dentist,  or  others  aforesaid 
sending  the  same  the  results  of  said  examination  without  any  unnecessary  delay 
and  without  further  charge;  the  said  physician,  dentist,  or  others  aforesaid  shall 
report  the  result  immediately  as  herein  above  required:  Provided,  however,  That 
nothing  in  the  act  shall  be  so  construed  as  to  prevent  the  board  of  health  of  the 
State  from  making  full  provision  for  the  free  use  of  the  laboratory  for  the  exam- 
ination of  any  matter  or  substance  so  as  to  determine  the  diagnosis  of  diseases 
neither  contagious  nor  infectious,  and  either  local  or  constitutional,  and  for  the 
examination  of  water  or  food  supply  for  any  citizen  of  the  State. 

SEC.  5.  The  regular  annual  meeting  of  the  board  of  health  of  the  State  shall  be 
held  at  Newark,  *  *  *  at  which  meeting  the  pathologist  and  bacteriologist 
ghall  be  elected  annually  by  the  action  of  the  said  board  of  health. 

SEC.  6.  The  sum  of  $2,500  annually  shall  be  appropriated  for  the  salary  of  the 
bacteriologist  and  all  other  expenses  of  the  said  laboratory,  and  the  same  is  hereby 
appropriated  out  of  any  funds  in  the  hands  of  the  State  treasurer  not  otherwise 
appropriated,  and  the  annual  expenses  of  the  same  thereafter.  The  said  appro- 
priations hereby  made  to  be  drawn  by  orders  on  the  State  treasurer,  signed  by  the 
president  and  secretary  of  the  State  board  of  health,  the  accounts  to  be  audited  by 
the  auditor  of  accounts  of  the  State  annually,  as  now  required  for  the  other 
accounts  of  the  State  board  of  health. 

SEC.  7.  This  act  shall  be  deemed  and  taken  to  be  a  public  act,  and  shall  go  into 
effect  immediately  on  its  passage. 

SEC.  8.  It  is  hereby  made  the  duty  of  the  said  pathologist  and  bacteriologist, 
whenever  requested  by  the  attorney-general,  to  make  any  and  all  examinations  of 
any  person  or  persons,  or  any  organ  or  organs,  or  any  part  or  parts  of  any  person 
or  persons,  with  the  view  of  determining  the  cause  or  causes  of  death,  aiid  make 
a  prompt  report,  without  charge  to  the  State  or  any  county  thereof. 

(March  23,  1899,  as  amended  by  chapter  135,  volume  22,  laws  of  Delaware,  Feb- 
ruary 25,  1901.) 

Chapter  213,  volume  21,  Laws  of  Delaware: 

SECTION  1.  The  State  chemist  is  hereby  required,  when  any  person  or  persons 
purchasing  any  fertilizer  sold  in  this  State  and  composed  of  one  or  several 
ingredients  from  any  manufacturer  or 'vendors  for  their  own  use,  and  who  them- 
selves, the  purchasers,  are  citizens  of  this  State,  submit  to  said  State  chemist  fair 
samples  of  any  such  fertilizer  for  analysis  in  the  manner  prescribed  in  section  6, 
chapter  438,  volume  17,  Laws  of  Delaware,  to  make  any  and  all  such  analyses  for 
the  sum  of  $1,  to  be  paid  by  said  purchaser. 

SEC.  2.  The  provision  that  said  State  chemist  shall  receive  the  sum  of  $1  only 
'when  he  makes  analyses  mentioned  in  section  1  of  this  act  shall  not  be  construed 
to  mean  that  said  State  chemist  is  to  be  paid  $1  for  each  ingredient  in  any  fer- 
tilizer mentioned  in  section  1  of  this  act  and  so  analyzed  by  him. 

FLORIDA. 

[The  folio-wing  matter  is  taken  from  the  "Revised  Statutes  of  Florida,  prepared  Ly  W.  A. 
Blotmt,  C.  M.  Cooper,  L.  C.  Massey,  commissioners,"  Jacksonville,  1892.] 

SEC.  278.  The  Florida  Agricultural  CoUege  is  established, 

SEC.  279.  The  design  of  this  institution  is  to  teach  such  branches  of  learning  as 
are  related  to  agriculture  and  mechanic  arts,  without  excluding  other  scientific 
and  classical  studies,  and  including  military  tactics,  in  order  to  promote  the  liberal 
and  practical  education  of  the  industrial  classes  in  the  several  pursuits  and  pro- 
fessions of  life. 

1  SEC.  280.  [Amended  by  section  4233.]  The  superintendent  of  public  instruction, 
commissioner  of  agriculture,  and  the  State  treasurer  by  virtue  of  their  said  offi- 
ces, and  the  other  persons  who  are  now  members  and  trustees  of  this  corporation, 
and  their  successors,  are  a  body  corporate  and  politic,  by  the  name  of  the  Florida 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  43 

Agricultural  College,  with  the  general  powers  of  a  corporation  for  said  purposes, 
including  the  right  of  perpetual  succession  and  to  have  a  corporate  seal. 

[In  State  v.  Knowles  et  al.  (holding  themselves  to  be  a  body  corporate),  the  court  said  (16 
Fla.,  p. 616):  "The  next  general  proposition  as  to  this  statute  is  that  it  impairs  the  obligation 
of  contract.  The  statute  changes  the  trustees  of  this  college.  It  substitutes  the  trustees  named 
in  the  act  of  1877  for  those  named  in  the  act  of  1873;  as  the  act  of  1872  substituted  those  named 
in  it  for  those  mentioned  in  the  act  of  1870.  The  ground  upon  which  this  view  is  based  is  that 
this  is  a  private  not  a  public  corporation.  The  corporation  is  itself  founded  by  the  State  through 
property  derived  from  the  Government  of  the  United  States.  These  trustees  are  made  by  this 
legislation  the  agents  of  the  State  to  collect  and  disburse  property  appropriated  by  the  General 
Government  to  the  State  for  a  public  purpose.  There  is  not  and  never  was  any  private  property 
in  the  funds.  They  were  derived  from  the  government.  The  founder  of  this  institution  was 
the  government  of  the  State  of  Florida  and  the  property  which  constituted  its  basis  was  public- 
moneys  of  the  State  of  Florida  derived  by  it  from  the  Government  of  the  United  States  in 
trust  for  the  establishment  of  an  institution  of  this  character.  It  never  was  the  purpose  of  tho 
State  of  Florida  to  give  these  trustees  any  private  right  to  this  property.  Throughout  the  whole 
legislation  they  are  shown  to  be  simply  public  agents  to  manage  a  public  property.  The  only 
right  they  have  to  it  is  by  the  legislation  of  the  State,  and  every  section  of  these  acts  shows  that 
it  was  founded  by  public  funds,  and  for  a  public  purpose.  (4  Wheaton,  5  Stewart  &  Porter. )« 
It  may  be  true  that  any  legislation  of  the  State  appropriating  these  funds  to  any  other  pur- 
pose than  that  purpose  named  in  the  act  of  Congress  might  have  been  in  bad  faith,  Tout  that  is  a 
matter  which  does  not  concern  these  trustees,  nor  does  this  fact  change  the  nature  of  the  insti- 
tution. It  is  insisted  that  the  obligation  of  a  contract  with  W.  H.  Gleason  [whose  offer  of  2.000 
acres  of  land  had  been  accepted]  is  impaired  by  the  act  of  1877,  in  that  it  directs  a  removal  of 
the  college.  This  question  is  entirely  independent  of  the  question  raised  in  this  case,  which  is 
the  right  of  the  trustees  to  hold  and  exercise  a  public  trust  against  tho  provisions  of  a  statute 
naming  other  persons  trustees  in  their  stead.  Because  they liave  made  a  contract  with  some 
one  else  can  not  extend  their  powers  or  rights.  The  question  whether  a  city  or  town  has  made 
a  contract  with  A,  B,  or  C  is  entirely  distinct  from  the  question  whether  the  legislature  may  not 
change  the  affairs  of  a  public  municipal  corporation.  What  has  been  said  disposes  of  the  fur- 
ther objection  on  tho  ground  that  these  respondents  are  deprived  of  their  property  without  due 
process  of  law.  Holding  their  franchises  subject  to  legislative  action,  legislation  depriving 
them  of  them  is  due  process  of  law."] 

SEC.  281.  [Amended  by  seel ;  -^ti  on  2,  post.]  The  superintendent  of  public 

instruction  and  the  said  State  treasurer  shall  by  virtue  of  their  offices  as  such  be 
president  and  treasurer  of  said  board  of  trustees  of  said  college,  and  the  said  board 
shall  elect  a  vice-president,  secretary,  and  executive  committee,  which  committee 
shall  consist  of  five  mei  i<l  ex*  cutive  committee  is  empowered  to  act  in 

behalf  and  under  directions  of  the  board  between  the  regular  meetings  of  tho 
same,  and  determine  all  tho  matters  relating  to  officers  or  committees  and  make 
all  needful  rules  and  regulations  for  the  management  of  the  affairs  of  the  board. 

SEC.  282.  The  treasurer  herein  appointed  shall  receive  and,  if  necessary,  demand 
and  sue  for  in  his  own  name  as  treasurer  all  property  and  debts  belonging  to  said 
board. 

2*3.  The  said  corporation  shall  have  power  to  build  and  construct  a  col- 
lege building  and  such  other  buildings  and  outbuildings  as  they  may  deem  nrc- 
rart  and  be  contracted  with,  to  sue  and  be  sued,  plead  and  l,o 
impleaded  in  all  courts  of  law  and  equity,  to  receive  donations  and  make  purchases 
of  lands,  and  to  sell  and  convey  tho  .-am*'. 

.  [Repealed.  See  section  3  of  section  4233.  post.]  Said  trustees  shall  have 
power  to  remove  any  member  from  said  corporation  when,  by  continued  neglect, 
he  fails  to  perform  his  duties,  or  when  by  reason  of  age  or  infirmity  he  shall  have 
become  permanently  incapable  of  performing  thorn.  They  shall  also  fill  by  elec- 
tion any  varnnry  rhar  raay  occur  in  their  board,  subject-to  the  approval  of  the 

ipreme  court. 

Tho  tru^tr"s  shall  receive  no  compensation  for  their  sendees  while 
attending  any  of  the  meetings  of  the  board,  but  may  be  allowed  their  necessary 
expenses  while  going  to.  from,  and  attending  such  meetings. 

SEC.  286.  Haid  trust ers  are  hereby  authorized  to  claim  and  receive  from  the 
Secretary  of  the  Interioi  the  agricultural  college  land  scrip  to  which  this  State  is 
entitled  by  act  of  Congress  July  2,  18C2.  and  acts  supplemental  thereto.  Said 
scrip  is  hereby  transferred  and  "assigned  to  and  vested  in  the  trustees  of  the 
Florida  Agricultural  College  and  their  successors  and  assigns  forever.  They 
shall,  when  in  their  judgment  it  will  best  promote  the  object  for  which  they  are 
chosen,  sell  and  assign  the  scrip,  or  locate  and  thereafter  transfer  and  convey 
the  lands,  and  use  the  proceeds  as  herein  directed. 

SKC'.  L'ST.  Ten  per  cent  of  the  proceeds  of  the  sales  of  the  scrip  or  of  the  lands 
may  be  expended  for  the  purchase  of  a  site  for  an  experimental  farm.  The 
remainder  of  the  proceeds  shall  be  invested  in  the  stocks  of  the  United  States  or 

«  The  first  of  these,  of  course,  refers  to  the  Dartmouth  College  cases,  the  second  to  the  Ala- 
bama case  <]8:*3).  Trustees  of  University  r.  Winston.  "The  trustees  of  the  University  of  Ala- 
bama compose  a  public  corporation  entirely  within  the  control  of  the  legislature,  and  the  latter 
has  authority,  by  the  passage  of  any  statute  or  statutes,  to  alter,  amend,  vary,  or  enlarge  tha 
original  acto'of  incorporation." 


44  EDUCATION    REPORT,  1901-1902. 

of  some  of  the  States  of  this  Union,  bearing  an  annual  interest  of  not  less  than  6 
per  cent  on  their  par  value,  and  shall  remain  a  permanent  fund  forever.  The 
annual  interest  of  the  fund  shall  be  regularly  applied,  without  diminution,  to 
the  purposes  set  forth  in  section  279.  Donations  may  be  received  for  specific  pur- 
poses, and  shall  be  applied  to  the  objects  for  which  they  were  granted. 

SEC.  288.  No  portion  of  the  principal  or  interest  of  the  fund  shall  be  applied, 
directly  or  indirectly,  under  any  pretense  whatever,  to  the  purchase,  erection, 
preservation,  or  repairs  of  any  building  or  buildings,  or  for  expenses  incurred  in 
selling  the  scrip,  locating  the  lands,  or  in  managing  the  funds  of  the  lands.  No 
scrip,  lands,  or  property  of  whatever  kind  that  may  be  obtained  and  held  by  said 
corporation  under  this  chapter,  whether  of  buildings,  grounds,  farms,  workshops, 
fixtures,  machinery,  apparatus,  cabinets,  library,  furniture,  or  other  valuables, 
shall  be  encumbered,  aliened,  or  otherwise  disposed  of  by  the  said  trustees,  or  by 
any  other  person  or  persons,  contrary  to  the  provisions  of  this  chapter,  except 
on  such  terms  as  the  legislature  shall  have  previously  approved,  and  any  act  of 
said  trustees  or  any  other  person  or  persons  which  shall  have  or  be  intended  to 
have  such  effect  shall  be  void. 

SEC.  289.  The  college  shall  remain  at  its  present  location  unless  the  same  be 
changed  by  statute. 

SEC.  290.  The  indebtedness  of  the  State  to  the  agricultural-college  fund  and 
the  evidences  of  such  indebtedness  remain  as  heretofore  provided  by  law. 

SEC.  291.  The  board  of  trustees  shall  choose  a  president  of  the  college  and  such 
professors,  teachers,  superintendents,  and  employees  as  the  necessity  of  the  insti- 
tution may  demand.  They  shall  fix  their  compensation,  define  their  duties,  limit 
their  powers  and  the  duration  of  their  terms  of  office;  also  make  all  general  pro- 
visions for  the  management  of  the  college  in  its  several  departments.  They  may 
limit  the  number  of  students  and  confer  appropriate  degrees. 

SEC.  292.  The  president,  professors,  and  superintendents  of  said  college,  and  the 
secretary  of  the  board  of  trustees,  shall  constitute  the  faculty  of  the  college. 

SEC.  293.  The  faculty  shall  have  the  immediate  charge  and  management  of  the 
college  and  farm;  shall  determine  the  basis  of  admission,  the  length  of  complete 
and  partial  courses  of  study,  the  studies  to  be  pursued,  and  the  text-books  to  be  used; 
also  the  daily  hours  for  labor  and  of  attendance  upon  the  exercises  of  the  institution. 
They  shall  likewise  make  all  needful  rules  and  regulations  for  the  government 
and  discipline  of  the  students,  and  for  promoting  in  the  highest  degree  their 
morals,  health,  decorum,  and  scholastic  advancement;  all  of  which  shall  be  sub- 
ject to  revision,  alteration,  or  rejection  by  the  board  of  trustees. 

SEC.  294.  The  several  departments  of  the  college  shall  be  open  to  applicants  for 
admission  at  the  lowest  rate  of  expense  consistent  with  the  welfare  and  efficiency 
thereof,  as  herein  provided,  and  without  further  distinction  as  to  class  or  locality, 
to  wit:  Each  county  shall  be  entitled  to  send  annually,  or  so  often  as  vaca>  cies 
may  occur,  one  student  for  each  member  of  the  assembly  from  that  county;  uch 
students  shall  be  selected  by  the  boards  of  piiblic  instruction  of  the  several  comi- 
ties from  among  the  most  advanced  pupils  in  the  common  and  higher  schools 
therein  who  may  present  themselves  as  candidates.  Each  county  board  of  public 
instruction  shall  annually,  or  as  often  as  vacancies  occur  which  should  be  filled 
by  the  county,  give  early  notice  of  such  vacancy,  and  of  the  time  and  place  of 
meeting  for  the  examination  of  the  candidates.  The  county  board  shall  then  and 
there,  by  themselves,  or  with  the  assistance  of  such  persons  as  they  may  appoint, 
examine  such  candidates  and  select  those  best  qualified  as  to  scholastic  attain- 
ments, good  health,  and  upright  moral  character,  and.  furnish  them  with  certifi- 
cates of  selection  for  admission,  subject  to  the  reexamination  and  approval  of  the 
faculty  of  the  college.  In  case  any  board  of  instruction  fails  to  attend  to  the 
above  duty,  then  pupils  holding  high  rank  in  their  schools  in  that  county  may 
make  application  in  person  to  the  faculty  of  the  college  and  be  examined  and 
admitted  on  the  same  terms  as  they  would  have  been  had  they  passed  a  prelimi- 
nary examination  before  the  board  of  instruction  of  their  county.  But  in  case 
such  vacancies  remain  unfilled  students  may  be  selected  from  the  State  at  large 
by  the  faculty. 

SEC.  295.  Each  senator  during  his  term  of  office  shall  be  empowered  to  nominate 
one  student,  who  shall  be  a  resident  of  his  senatorial  district,  to  said  State  Agri- 
cultural College,  who  shall  be  entitled  to  receive  the  benefit  of  a  full  course  of 
instruction  at  said  college  without  any  charge  for  tuition,  subject  to  such  rules 
and  regulations  as  may  be  established  for  the  government  and  direction  of  said 
college. 

SEC.  296.  The  comptroller  is  authorized  to  make  examinations  from  time  to 
time,  as  he  may  see  fit,  into  the  actions  and  doings  of  said  trustees,  to  the  end 
that  he  may  ascertain  whether  the  funds  committed  to  them  are  and  have  been 


LAWS    RELATING    TO    LAND-GKANT    COLLEGES.  45 

managed  according  to  the  letter  and  intent  of  this  chapter.  Said  trustees  shall 
report  to  the  comptroller  annually  on  the  1st  day  of  October,  in  such  form  as  the 
comptroller  may  direct,  the  amount  of  land  or  land  scrip  sold,  the  price  and  terms 
of  sale,  the  amount  of  money  received  therefor,  the  disposition  made  thereof,  and 
the  expense  incurred  in  the  sale. 

SEC.  297.  The  trustees  shall  make  an  annual  report  to  the  superintendent  of 
public  instruction  on  or  before  the  1st  day  of  October,  to  be  by  him  printed  with 
his  report  and  laid  before  the  legislature  at  the  beginning  of  each  regular  session. 
Such  report  shall  give  a  full  exposition  of  the  financial  condition  of  the  corpora- 
tion, the  progress  and  improvements  made,  the  nature,  cost,  and  results  of  experi- 
ments, and  such  other  matters,  including  State  industrial  and  economical  statistics, 
as  may  be  supposed  useful;  one  copy  of  which  the  superintendent  shall  transmit 
by  mail  to  each  of  the  other  colleges  which  were  endowed  under  the  provisions 
of  the  act  of  Congress  of  July  2, 1802;  also  a  copy  to  the  Secretary  of  the  Interior, 
and  one  to  each  House  of  Congress. 

SEC.  298.  The  legislature  may  add  other  departments  of  learning  to  this  college 
when  the  endowment  of  such  departments  shall  have  been  provided  for. 

SEC.  299.  The  justices  of  the  supreme  court  shall  constitute  an  examining  com- 
mittee, with  power  to  investigate  the  affairs  of  the  college  and  the  corporation, 
and  to  appoint  proxies  to  act  in  their  stead. 

.  300.  The  legislative  assent  of  the  State  of  Florida  is  hereby  given  to  the 
act  of  Congress  entitled  "An  act  to  establish  agricultural  experiment  stations  in 
connection  with  the  colleges  established  in  the  several  States  under  the  provisions 
of  an  act  approved  July  2,  1862,  and  of  the  acts  supplementary  thereto,"  and  to 
the  grants  of  money  authorized  by  said  act,  and  to  the  purpose  of  said  grant. 

SEC.  4233  (Acts  and  Resolutions,  1893).  SECTION  1.  Section  280  of  the  revised 
statutes  of  the  State  of  Florida  is  hereby  amended  so  as  to  read  as  follows:  "Sec. 
280.  The  Florida  Agricultural  College  shall  be  under  the  direction  of  a  board  of 
seven  trustees,  who  shall  be  appointed  by  the  governor  by  and  with  the  consent 
of  the  senate,  not  more  than  two  of  whom  shall  be  residents  of  the  town  or  county 
in  which  the  college  is  located,  and  who  shall  hold  their  office  for  four  years." 

SEC.  2.  Section  281  of  the  revised  statutes  of  the  State  of  Florida  is  hereby 
amended  so  as  to  read  as  follows:  "Sec.  281.  The  members  of  said  board  of 
trustees  shall  annually  elect  from  their  number  a  president  and  a  secretary.  The 
State  treasurer  shall,  by  virtue  of  his  office,  be  the  treasurer  of  said  board;  and 
said  board  shall  elect  a  vice-president  and  executive  committee,  which  committee 
shall  consist  of  tlm-e  members.  Said  executive  committee  is  empowered  to  act  in 
behalf  and  under  the  direction  of  the  board  between  the  regular  meetings  of  the 
board,  and  determine  all  the  matters  relating  to  officers  or  committees,  and  make 
all  needful  rules  and  regulations  for  the  management  of  the  affairs  of  the  board 
of  trustees." 

SEC.  3.  Section  284  of  the  revised  statutes  is  hereby  repealed. 

SEC.  4234  (Ibid.).  SECTION  1.  There  shall  be  established  at  some  suitable  point 
in  Florida  possessing  climate  conditions  for  growing  all  kinds  of  plant  life,  includ- 
ing cinchons,  logwood,  and  camphor,  olive  and  india  rubber  trees,  also  vanilla, 
tea,  coffee,  jute,  New  Zealand  flax,  etc.,  on  muck  lands  over  which  the  trustees 
of  the  Internal  Improvement  Fund  have  exclusive  control  under  the  act  of  Con- 
gress of  September  28, 1850,  an  experimental  station,  to  be  operated  by  or  under  the 
supervision  of  the  commissioner  of  agriculture,  and  under  such  rules,  regulations, 
and  conditions  as  may  be  prescribed  by  the  trustees  of  the  Internal  Improvement 
Fund  of  the  State  of  Florida, 

SEC.  2.  For  the  purpose  of  carrying  out  the  provisions  of  section  1  of  this  act 
and  to  create  a  fund  for  the  establishment  and  maintenance  of  said  agricultural 
station,  and  for  the  further  drainage  and  reclamation  of  the  lands  set  apart  for 
that  purpose,  the  trustees  of  the  Internal  Improvement  Fund  of  the  State  of 
Florida  are  hereby  authorized  and  directed  to  set  apart  100,000  acres  of  the  land 
granted  the  State  of  Florida  by  the  act  of  Congress  of  September  28,  1850,  to  be 
sold  at  such  prices  as  may  be  fixed  by  the  trustees  and  the  proceeds  thereof  to  be 
expended  by  the  said  trustees  of  the  Internal  Improvement  Fund  in  carrying  out 
the  provisions  of  section  1  of  this  act. 

SEC.  269.  A  normal  school «  for  colored  teachers  is  established  at  Tallahassee, 
Leon  County,  similar  in  all  respects  as  prescribed  for  the  establishment  of  the 
normal  school  for  white  teachers,  and  subject  to  the  direction  and  control  of  the 
State  board  of  education. 

"The  funds  granted  to  the  State  of  Florida  under  an  act  of  Congress  approved  August  30, 1890, 
are  divided  equally  between  this  institution  and  the  Florida  Agricultural  College. 


46  EDUCATION   BEPOBT,  1901-1902. 

GEORGIA. 

Constitution  (1877),  section  6,  paragraph  1:  The  trustees  of  the  University  of 
Georgia  may  accept  bequests,  donations,  and  grants  of  land  or  other  property  for 
the  use  of  said  university.  In  addition  to  the  payment  of  the  annual  interest  on 
the  debt  due  by  the  State  to  the  university,  the  general  assembly  may,  from  time  to 
time,  make  such  donations  thereto  as  the  condition  of  the  treasury  will  authorize. 
And  the  general  assembly  may  also,  from  time  to  time,  make  such  appropriation 
of  money  as  the  condition  of  the  treasury  will  authorize,  to  any  college  or  uni- 
versity (not  exceeding  one  in  number)  now  established  or  hereafter  to  be  estab- 
lished in  this  State  for  the  education  of  persons  of  color. 

[The  following  matter  is  taken  from  "The  code  of  Georgia,  prepared  by  John  L.  Hopkins, 
Clifford  Anderson,  and  Joseph  R.  Laruar,"  Atlanta,  Ga.,  1896.] 

SEC.  1271.  The  government  of  the  University  of  Georgia,  at  Athens,  is  vested 
in  a  board  of  trustees,  who  are  subject  to  the  general  assembly. 

SEC.  1272.  For  such  purpose  they  are  a  body  corporate  and  politic,  by  the  name 
of  the  ''trustees  of  the  University  of  Georgia,"  by  which  they  shall  have  a  per- 
petual succession,  have  and  use  a  common  seal,  and  be  a  person  in  law  able  to 
plead  and  be  impleaded,  to  hold  and  acquire  real  and  personal  estate,  with  power 
to  lease  and  otherwise  manage  the  same  for  the  good  of  the  university.  All  money 
or  property  granted  by  the  State,  or  individuals,  for  the  advancement  of  learning 
in  general  is  vested  in  such  trustees. 

SEC.  1273.  The  board  of  trustees  of  the  University  of  Georgia  shall  be  composed 
of  one  member  from  each  Congressional  district,  four  from  the  State  at  large, 
two  from  the  city  of  Athens,  and  the  chairman  ex  officio  of  the  local  board  of 
trustees  of  the  Technological  School,  all  of  whom,  except  the  latter,  shall  be 
appointed  by  the  governor  and  confirmed  by  the  senate,  under  the  rules  govern- 
ing the  appointment  and  confirmation  of  other  officers  of  this  State  required  by 
law  to  be  confirmed  by  the  senate. 

SEC.  1274.  The  term  of  office  of  said  trustees  shall  be  eight  years  and  until  their 
successors  are  appointed,  confirmed,  and  qualified.  The  first  appointments  shall 
be  made  by  the  governor  before  the  1st  day  of  September,  1889,  and  confirmed  by 
the  senate.  Four  of  them  shall  be  appointed  for  two  years,  four  for  four  years, 
and  four  for  six  years,  and  four  for  eight  years,  and  as  the  terms  of  these  appointees 
expire  their  successors  shall  be  appointed  and  confirmed  biennially  thereafter  for 
a  full  term  of  eight  years.  There  shall  be  two  trustees  from  the  city  of  Athens, 
exclusive  of  one  from  the  Congressional  district  in  which  said  city  may  be  located. 

SEC.  1275.  Persons  to  be  eligible  to  the  office  of  trustee  shall  be  citizens  of  this 
State;  shall  be  residents  of  the  districts  from  which  they  are  appointed;  shall  be 
at  least  25  years  of  age,  and  shall  not  be  a  trustee  of  any  other  male  college  or 
university,  excluding  branch  colleges  of  the  university  and  high  schools  or  acad- 
emies, and  shall  be  chosen  with  special  reference  to  their  fitness  and  capacity  to 
exercise  the  duties  of  trustee.  The  governor  shall  be  ex  officio  a  member  of  the 
board  of  trustees  and  shall  attend  its  meetings  when  possible,  and  is  entitled  to  all 
the  privileges  of  a  member  of  the  board. 

SEC.  1276.  In  case  of  the  death  or  resignation  of  any  member  of  the  board,  the 
governor  shall  fill  such  unexpired  term  in  the  manner  above  provided,  such 
appointment  to  be  confirmed  by  the  senate  at  the  session  after  the  same  is  made. 

SEC.  1277.  The  board  of  trustees  shall  elect  one  of  their  number  as  their  presid- 
ing officer,  who  shall  be  called  the  chairman  of  the  board  of  trustees.  The  board 
may  meet  subject  to  their  own  order,  but  they  must  assemble  in  annual  session  in 
the  city  of  Athens  on  the  Thursday  preceding  the  Sunday  of  the  commencements 
of  the  university.  They  may  establish  such  rules  and  regulations  for  their  own 
direction  as  they  deem  proper;  may  fix  the  terms  of  the  office  of  their  chairman 
and  secretary;  and  are  vested  with  all  the  powers,  privileges,  and  rights  vested  in 
the  former  board  of  trustees,  and  are  charged  with  all  the  duties,  obligations,  and 
responsibilities  incumbent  on  the  same. 

SEC.  1278.  It  shall  be  the  duty  of  the  members  of  the  board  of  trustees  of  said 
institution  to  attend  the  meetings  of  the  board,  so  as  to  take  part  in  its  delibera- 
tions; and  whenever  any  trustee  shall  be  engaged,  at  the  time  prescribed  for  the 
annual  meeting  of  the  trustees,  as  counsel  or  party  in  any  case  pending  in  the 
courts  of  this  State,  and  such  case  shall  be  called  for  trial  during  the  regular  ses- 
sions of  said  board,  his  absence  to  attend  such  session  shall  be  good  ground  for 
postponement  or  continuance  of  the  case  till  the  session  of  the  board  shall  have 
come  to  an  end. 

SEC.  1279.  The  office  of  any  member  of  the  board  of  trustees  shall  be  vacated  if 
he  neglects  to  furnish  good  and  satisfactory  excuse,  in  writing,  to  the  board  for 


LAWS    RELATING    TO    LAND-GKAXT    COLLEGES.  47 

absence  from  two  consecutive  meetings  thereof;  and  if  any  member  for  any  cause 
fails  to  attend  three  successive  meetings  of  the  board,  his  office  shall  be  declared 
vacant  by  the  board,  and  the  secretary  shall  in  either  event  notify  the  governor 
of  a  vacancy  in  the  board,  and  the  governor  shall  fill  the  same  as  above  pro- 
vided for. 

SEC.  1280.  The  members  of  the  board  shall  each  receive  (for  the  payment  of 
expenses  actually  incurred  by  them)  the  sum  of  $4  for  each  day  of  actual  attend- 
ance at  the  meetings  and  mileage  in  actual  fare  to  and  from  the  place  of  meeting 
by  the  nearest  practicable  route  from  their  respective  homes,  said  expenses  and 
mileage  to  be  paid  by  the  State  treasurer  out  of  the  funds  of  the  State  by  execu- 
tive warrant,  on  presentation  of  vouchers  of  the  members  approved  by  the  chair- 
man and  signed  by  the  secretary  of  the  board.  The  members  of  said  board  shall 
receive  no  emolument  or  compensation  for  their  services  as  such  members. 

SEC.  1281.  The  board  of  trustees  shall  submit  to  the  general  assembly,  through 
the  governor,  biennial  reports  of  their  transactions,  together  with  such  informa- 
tion as  is  necessary  to  show  the  condition  of  the  university,  with  such  suggestions 
as  it  may  think  conducive  to  the  good  of  the  university  and  the  cause  of  educa- 
tion in  the  State. 

SEC.  1282.  In  prescribing  the  course  of  study  to  be  followed  in  said  university 
it  shall  lie  the  duty  of  the  trustees,  in  so  far  as  the  same  can  be  done  without  det- 
riment to  other  departments,  to  encourage  and  promote  by  the  disposition  of  the 
time  and  attention  of  the  students  the  regular  course  of  bachelor  of  arts,  in  order 
that  said  course  shall  not  be  subordinated  to  any  other  course  in  the  institution. 

SEC.  1283.  The  board  of  trustees  shall,  in  their  discretion,  ordain  and  establish 
such  rules  and  measures  as  will,  in  their  judgment,  tend  to  secure  the  efficiency 
and  promote  the  success  of  the  two  literary  debating  societies  in  said  institution, 
and  to  the  encouragement  of  oratory  and  composition  among  the  students  attend- 
ing the  exercises  in  these  societies. 

Si.c.  1284.  The  trustees  have  power:  1.  To  elect  their  own  officers,  such  as 
chairman,  vice-chairman,  secretary,  treasurer,  or  such  of  them  as  they  may 
require,  and  also  all  other  officers  they  may  deem  necessary  for  their  organization. 
2.  To  elect  a  presiding  officer  of  said  university,  who  shall  be  styled  the  "chan- 
cellor of  the  University  of  Georgia,"  and  in  case  of  a  vacancy  in  his  office,  unsup- 
plit'd,  to  create  such  office  and  make  such  arrangement  for  the  conduct  of  the 
institution  as  to  them  shall  seem  fit.  3.  To  elect  or  appoint  professors,  tutors, 
stewards,  or  any  other  officer  necessary;  to  discontinue  or  remove  them  as  the 
good  of  the  university  may  require,  and  fix  their  salaries.  4.  To  prescribe  the 
course  of  studies  to  be  pursued  by  the  students,  the  terms  and  manner  of  gradu- 
ating, and  of  conferring  all  the  degrees.  5.  To  establish  all  such  schools  of  learn- 
ing or  art  as  may  be  useful  to  the  State,  and  to  organize  the  same  in  the  way 
most  likely  to  attain  the  ends  desired.  G.  To  call  on  all  persons  who  may  have, 
or  have  had,  any  funds,  property,  papers,  or  books  belonging  to  the  university, 
to  deliver  them  up  and  make  settlements.  7.  To  adjust  and  determine  the 
expenses  of  the  institution.  8.  To  exercise  any  power  usually  granted  to  such 
incorporat  i  to  its  usefulness,  and  not  in  conflict  with  the  constitution 

and  laws. 

..  The  chairman  of  the  board  and  two  of  its  members  may  appoint  a 
meeting  at  any  time  by  giving  to  the  others  at  least  ten  days'  notice,  by  letter  or 
otherwise.  When  the  chairman  does  not  act  the  senior  trustee  present  shall  pre- 
side, and  in  all  other  respects  discharge  his  duties;  when  the  board  is  divided  the 
presiding  officer  shall  give  the  casting  vote,  or  may  vote  to  make  a  tie.  A  major- 
ity of  the  body  present  shall  govern,  if  a  quorum.  Nothing  done  at  a  special  meet- 
ing shall  be  binding  after  the  rising  of  the  next  annual  meeting,  unless  then 
confirmed. 

SEC.  1286.  Such  trustees  shall  never  dispose  of  the  stock  by  them  subscribed 
for,  except  with  the  consent  of  the  general  assembly,  but  the  dividends  therefrom 
may  be  drawn  and  used  as  the  various  demands  of  the  university  may  require. 

SEC.  1287.  The  governor  shall  annually  appoint  five  experienced  educators,  cit- 
izens of  the  State,  as  a  special  board  of  visitors  to  attend  the  examinations  at  the 
University  of  Georgia,  preceding  the  annual  commencement,  to  examine  person- 
ally into  the  condition  and  management  of  said  institution.  Said  visitors,  or  a 
majority  of  them,  shall  submit  their  report  in  writing  as  soon  thereafter  as  pos- 
sible to  the  governor,  in  which  they  shall  report  upon  the  character  of  the  exam- 
inations aforesaid,  the  condition  and  management  of  said  institution,  together 
with  such  suggestions  and  recommendations  thereon  as  they  may  deem  proper. 
Said  reports  shall  be  laid  before  the  general  assembly  by  the  governor. 

SEC.  1288.  A  majority  of  said  board  shall  constitute  a  quorum.  Such  visitors 
shall  receive,  as  compensation  for  their  services,  $4  per  diem,  estimating  /.rom  the 


48  EDUCATION   REPORT,   1901-1902. 

date  of  leaving  their  homes,  and  mileage  each  way  by  the  nearest  practicable 
route  to  Athens  at  the  rate  of  3  cents  per  mile.  The  whole  service  of  said  board 
shall  not  exceed  ten  days. 

SEC.  1289.  The  board  of  visitors  for  the  University  of  Georgia  shall  complete 
the  report  required  of  them  and  lay  the  same  before  the  trustees  of  said  institu- 
tion on  or  before  the  Saturday  preceding  the  annual  commencement  day  of  said 
institution.  The  said  board  of  visitors  shall  also,  at  the  same  time,  present  to  the 
trustees,  in  writing,  any  matter  of  importance  coming  to  their  knowledge  during 
their  examination  of  the  institution  which,  in  their  opinion,  is  material  to  the 
welfare,  good  management,  and  success  of  the  same,  making  such  suggestions 
touching  the  matter  as  may  seem  to  the  said  board  of  visitors  meet  and  proper: 
Provided,  however,  That  the  making  of  the  report  herein  provided  for  shall  not 
take  the  place  of  the  report  now  required  to  be  made  to  the  governor  under  exist- 
ing laws. 

SEC.  1290.  The  board  of  trustees  of  the  University  of  Georgia  shall  give  to  said 
report  and  the  matter  accompanying  the  same  due  and  careful  consideration,  and 
in  their  discretion  take  final  action  on  such  matters  as  may  be  therein  embraced 
looking  to  the  welfare,  government,  discipline,  and  success  of  said  institution. 

SEC.  1291.  The  governor  shall  lay  the  reports,  respectively,  of  the  board  of 
trustees  and  the  board  of  visitors,  annually,  before  the  general  assembly,  in  con- 
nection with  his  annual  message,  with  such  comments  as  he  may  see  proper,  and 
when  so  done  the  general  assembly  has  power  to  revise  and  approve  or  reject  the 
action  of  the  board  of  trustees. 

SEC.  1292.  No  person  of  any  religious  denomination  shall  be  excluded  from 
equal  advantages  of  education  and  the  immunities  of  the  university  on  account  of 
their  speculative  sentiments  on  religion,  or  for  being  of  a  different  religious  pro- 
fession from  the  trustees  or  faculty. 

SEC.  1293.  The  chancellor  of  the  university,  its  professors  and  tutors,  shall  not 
be  required  to  take  certain  oaths  prescribed  in  its  charter. 

SEC.  1294.  The  chancellor  has  the  authority  to  appear  before  the  general  assem- 
bly once  at  each  session  and  address  them  in  person  on  the  condition,  interests, 
and  wants  of  the  university. 

SEC.  1295.  The  university  may  confer  degrees  as  follows:  (1)  To  each  graduate 
of  the  university  the  degree  of  bachelor  of  arts;  (2)  to  each  graduate  of  the  uni- 
versity, or  of  another  college,  of  three  years'  standing,  or  to  such  graduates  as 
have  passed  a  year  in  the  university  schools  (all  being  of  good  moral  character), 
the  degree  of  master  of  arts;  (3)  to  all  law  students  who  have  attended  the  lec- 
tures of  the  professors,  and  are  recommended  by  them  for  the  same,  the  degree  of 
bachelor  of  laws;  (4)  to  the  graduates  of  such  medical  school  as  may  be  estab- 
lished by  the  trustees  of  the  university,  the  degree  of  doctor  of  medicine;  (5)  to 
students  in  the  university  schools  of  two  years'  standing  and  proficient  in  two  or 
more  of  them,  the  degree  of  doctor  of  philosophy;  (6)  to  persons  distinguished  for 
learning,  ability,  and  character,  according  to  their  respective  vocations,  the  degree 
of  doctor  of  laws,  or  of  divinity,  and,  where  appropriate,  both.  It  may  also  con- 
fer such  other  degrees  and  honors  as  may  tend  to  the  promotion  of  the  arts  and 
sciences. 

SEC.  1296.  By  the  authority  of  the  board  of  trustees  there  shall  be  established, 
in  connection  with  the  university,  an  institute  combining  the  instruction  usually 
given  in  academies  and  to  the  lower  classes  in  colleges,  and  by  the  same  authority 
there  may  be  a  reduction  of  the  number  of  years  usually  spent  in  colleges  prior  to 
graduation.  University  schools  for  professional  education,  including  the  applica- 
tion of  science  to  the  industrial  arts  as  well  as  to  the  more  abstruse  and  recondite 
sciences,  and  especially  for  the  promotion  of  medical  and  legal  education,  not 
omitting  the  application  of  chemistry  to  agriculture  and  mathematics  to  civil 
engineering. 

SEC.  1297.  There  is  reserved  and  set  apart  for  the  university  campus,  not  sub- 
ject to  alienation,  37  acres  of  the  tract  of  land  donated  to  the  university  by  the 
late  Governor  John  Milledge. 

SEC.  1298.  The  permanent  income  of  said  university  from  its  bank  stock  shall 
not  be  less  than  $8,000  annually,  and  when  the  dividends  from  the  bank  shall  not 
be  equal  to  said  sum,  the  governor  is  required  to  make  up  the  deficiency  semi- 
annually  by  his  warrant  on  the  State  treasurer  for  its  payment  out  of  any  money 
not  otherwise  appropriated. 

[For  the  character  of  the  funds  see  act  95  of  1898,  post.] 

SEC.  1299.  The  various  acts  of  the  general  assembly  relative  to  said  university 
in  force  at  the  time  of  the  adoption  of  this  code,  if  not  embraced  herein  and  not 
inconsistent  with  what  is  so  embraced,  are  still  of  force. 


LAWS   RELATING    TO    LAND-GKANT    COLLEGES.  49 

[In  the  case  of  Dart  et  al.  v.  Houston,  22  Ga.  (1857),  the  supreme  conrt  remarked  in  decid- 
ing a  controversy  as  to  the  legal  status  of  the  corporation  known  as  the  Glynn  County  Acad- 
emy: >lltis  necessary  in  the  outset  to  consider  whether  the 'Trustees  of  the  Glynn  County 
Academy1  be  a  corporation  9f  tne  class  which  constitutes  a  contract  between  the  State  govern- 
ment and  the  corporators  within  the  nieaninyr  of  that  clause  of  the  Federal  Constitution  which 

"contracts.    *    *    *    Chief  Justice 


Marshall,  in  delivering  the  opinion  or  the  court  in  Dartmouth  College  v.  Woodward,  remarked 
that  kif  the  act  of  incorporation  be  the  grant  of  political  power,  if  it  create  a  civil  institution  to 
bo  employed  in  the  administration  of  the  government,  or  if  the  funds  of  the  college  be  public 
property,'  or  if  the  State  of  New  Hampshire,  as  a  government,  be  alone  interested  in  the  trans- 
actions, the  subject  is  one  in  which  the  legislature  of  the  State  may  act,  according  to  its  own 
judgment,  unrestrained  by  any  limitation  of  its  power  imposed  by  the  Constitution  of  the 

:  States. '  *  *  *  We  will  now  trace  the  history  of  the  Glynn  County  Academy.  The 
fifty-fourth  clause  of  the  constitution  of  February,  1777,  declares  that 4  schools  shall  be  erected 

i  county,  and  supported  at  the  general  expense  of  the  State,  as  the  legislature  shall  here- 
after point  out.1  The  fourteenth  section  of  the  act  for  the  more  full  and  complete  establishment 
of  a  public  seat  of  learning  in  this  State  declares  that  all  public  schools  instituted  or  to  be  sup- 
ported by  funds  or  public  moneys  in  this  State  shall  be  considered  as  parts  or  members  of  the 
univer.--ny.  and  shall  bo  under  the  foregoing  rules  and  regulations  (being  those  prescribed  for 
the  university).  Those  rules  and  regulations  show  that  the  action  of  the  board  of  visitors  and 
the  board  of  vus  to  be  submitted  to  the  supervision  of  the  general  assembly.  *  *  * 

Commissioners  were  appointed  for  the  town  of  Brunswick  (1788)  who  were  authorized  to  survey 
the  town,  and  to  ^ell  all  or  any  of  the  vacant  lots  in  said  town,  except  such  as  were  reserved  for 
iid  the  moneys  arising  from  the  sale  were  to  be  applied  to  the  building  and  support 
of  an  academy  in  said  town,  and  to  no  other  purpose  whatever.    *    *    *    In  1813  the  legislature 

<  I  that  the  commissioners  of  the  town  and  commons  of  Brunswick  should  bo  commission- 

ihe  academy,  and  appointed  c-miniissioners  in  1814  and  authorized  them  to  sue  and  sub- 
jected them  to  suit.  *  *  *  In  1H:£)  the  inferior  court  of  Glynn  County  was  authorized  and 
empowered  to  sell  the  academy  building  in  said  county  and  to  apply  the  proceeds  of  the  sale  to- 
the  education  of  poor  children  in  said  county  and  for  other  county  purposes.  *  *  *  In  1838  the 
Brunswick  Academy  was  incorporated,  and  the  act  to  authorize  the  trustees  of  the  Glynn  County 
Academy  to  establish  free  schools  in  said  county  was  repealed.  *  *  *  The  university  wasestab- 
lislu  <liii'n  -~>,  and  the  act  establishing  it  made  all  public  schools  instituted  or  to  be  supported  by  the 
St:it«-  members  of  the  university  and  subject  to  the  same  rules  and  regulations,  which  placed: 
them  under  the  control  of  the  general  assembly.  *  *  *  The  question  is  as  to  the  legislative 
control  claimed  and  exercised  over  the  government  of  the  academy.  It  was  exercised^  and  its 
act  acquiesced  in.  *  *  *  If  tin-  academy  had  been  founded  on  private  donations  and  incorpo- 
rated in  consideration  thereof,  the  case  would  have  fallen  within  the  decision  of  the  Dartmouth. 
( '( >ll<"_ce  case;  *  *  *  but  the  funds  of  the  academy  are  public  property, and  the  legislature  waa 
not,  therefore,  restricted  by  any  limitation  of  State  powerin  the  Federal  Constitution  from  pass- 
ing the  act  of  1854,  which  we  are  asked  to  declare  void." 

In  the  Georgia  Military  Institute  v.  Simpson,  contractor,  in  1860,  the  court  touched  upon  the 
same  points,  but  in  the  way  of  arbiter.  "  The  character  of  this  institution,"  said  the  court,  "is 
somewhat  amphibious.  It  was  originally  a  private  corporation.  It  was  purchased  by  the  State 
in  1857,  and  it  is  difficult  to  determine  IK-V,  \vhat  is  its  true  character.  It  is  purely  a  public  cor- 
poration, bought  with  the  funds  of  the  State,  and  under  its  exclusive  management  and  control. 
It  has  two  boards— a  board  of  trustees  and  a  board  of  visitors— and  it  is  no  easy  matter  to  dis- 
tinguish between  the  two.  By  the  fourth  section  of  the  act  of  1857  it  is  dev'lared:  'There  shall 
be  a  board  of  trustees,  who  shall  exercise  all  the  powers  and  faculties  usually  exercised  by  trus- 
< •«  "ilexes. '  Does  this  subject  the  State,  through  this  corporation,  to  oe  sued?  We  think 
not.  Special  power  was  given  to  sue  the  Central  Bank  and  the  State  Road.  There  is  no  suck 
authority  conferred  as  to  this  institution.  *  *  *  In  this  suit  the  trustees  only  were  served. 
*  *  *  [Now,]  the  contract  out  of  which  this  action  originated  was  made  with  the  board  of 
visitors.  *  *  *  It  is  manifest,  then,  that  the  Georgia  Military  Institute,  if  suable  at  all. 
ii'lu'fh  u-r  >•>  i •>/  nut,!,  >J,.i'i,t.  can  not  be  made  chargeable  through  the  board  of  trustees.  *  *  * 
Tho  appeal,  therefore,  must  be  to  the  public  authorities  and  not  to  the  courts.'1] 

Acts  and  Resolutions,  No.  95,  1898:  SECTION  1.  From  and  after  the  passage  of 
this  act,  whenever  the  trustees  of  the  university  shall,  through  their  duly  author- 
i/cd  agent  or  officer,  present  at  the  State  treasury  for  redemption  any  valid, 
matured  bond  of  this  State  as  the  property  of  such  university,  it  shall  be  the  duty 
of  the  governor  to  issue  such  trustees,  in  lieu  of  said  matured  bond  so  presented 
for  payment,  an  obligation  in  writing,  in  the  nature  of  a  bond,  in  amount  equal 
to  the  principal  of  matured  bond,  and  falling  due  fifty  years  from  the  date  of  such 
issue,  the  same  to  bear  interest  at  the  rate  of  3|  per  cent  per  annum,  and  not  sub- 
ject to  be  called  in  for  redemption  by  the  State  before  that  time,  nor  to  be  nego- 
tiated or  transferred  by  said  trustees,  said  new  bonds  or  obligations  to  be  payable, 
to  the  said  trustees  alone,  and  to  be  issued  under  the  great  seal  of  the  State,  and 
signed  by  the  governor  and  countersigned  by  the  secretary  of  state.  The  inter- 
est thereon  to  be  paid  semiannually  on  the  1st  days  of  January  and  July  of  each 
year,  the  terms  prescribed  by  this  act  for  the  issue  of  such  obligations  to  be  fully 
expressed  in  the  body  thereof,  the  amount  of  money  necessary  to  pay  the  inter- 
est on  such  obligations  being  herein  annually  appropriated.  (December  20, 1898.) 

Ibid.,  No.  158:  The  board  of  trustees  of  the  university  of  the  State  are  hereby 
authorized  to  operate  regular  summer  sessions  of  the  University  of  Georgia  in 
graduate  courses  and  work  closely  related  thereto,  including  psychology  and  the 
history  and  philosophy  of  education,  for  the  special  benefit  of  the  white  teachers 
of  the  State  without  regard  to  sex  or  age.  (December  22, 1898.) 

SEC.  1300.  The  Georgia  Normal  and  Industrial  College,  at  Milledgeville;  State 
Normal  School,  at  Rock  College,  Athens;  State  College  of  Agriculture  and, 

ED  1902 ± 


50  EDUCATION  REPORT,  1901-1902. 

Mechanic  Arts,  at  Athens,  with  the  Agricultural  Experiment  Station  connected 
there  with,  at  Griffin;  North  Georgia  Agricultural  College  at  Dahlonega;  Medical 
College  of  the  University  of  Georgia,  at  Augusta;  the  Technological  School,  at 
Atlanta;  Georgia  State  Industrial  College  for  Colored  Youth,  at  Savannah,  are 
branches  of  the  University  of  Georgia,  and  are  governed  in  the  manner  prescribed 
in  the  respective  acts  incorporating  the  same. 

SEC.  1301.  All  the  branch  colleges  of  the  State  University  of  Georgia,  now  or 
hereafter  established,  except  the  last  mentioned  in  the  preceding  section,  shall  be 
open  to  all  white  female  students  of  proper  age  and  qualifications,  with  equal 
rights  and  privileges  as  those  exercised  and  enjoyed  by  the  male  students  of  such 
institutions,  under  such  rules  and  regulations  as  may  be  prescribed  by  the  several 
boards  of  trustees  of  said  institutions. 

SEC.  1302.  The  board  of  directors  of  the  Georgia  Experiment  Station  shall  have 
conducted  throughout  the  State  each  year,  during  the  season  most  convenient  to 
the  agriculturists,  a  series  of  farmers'  institutes  for  the  instruction  of  the  citizens 
of  this  State  in  the  better  methods  of  agriculture  in  its  various  branches.  These 
institutes  shall  be  held  at  such  time  and  places  as  said  board  may  direct.  The 
board  shall  make  such  rules  and  regulations  as  it  may  deem  proper  for  organizing 
and  conducting  such  institutes.  In  selecting  lecturers  for  said  institutes  prefer- 
ence shall  be  given  to  practical  successful  farmers  possessing  aptitude  for  the 
work.  The  exercises  of  such  institutes  shall  be  so  arranged  as  to  present  the 
results  of  the  most  recent  investigations  in  practical  agriculture. 

SEC.  1303.  It  shall  be  the  duty  of  said  board  to  apply  exclusively  to  the  support 
of  said  institutes  any  moneys  which  may  come  into  its  possession  under  any  act 
which  the  Federal  Congress  may  hereafter  pass  in  aid  of  farmers'  institutes  and 
any  moneys  which  may  be  derived  from  any  other  source  as  a  gift  or  donation  in 
aid  of  farmers'  institutes.  Said  board  shall  account  to  the  governor  for  all  such 
moneys  quarterly,  showing  in  detail  amounts  received,  sources  whence  derived, 
and  how  expended.  Reports  as  to  moneys  which  may  be  received  under  any  act 
of  the  Federal  Congress  as  above  indicated  shall  conform  to  Congressional  require- 
ments. Biennially  said  board  shall,  through  the  commissioner  of  agriculture, 
report  to  the  governor  in  detail  its  acts  and  doings  as  to  said  institute.  The 
biennial  reports  shall  embrace  all  the  facts  contained  in  the  quarterly  reports 
herein  required. 

SEC.  1015.  [Public  Property,  chapter  1— Public  buildings.]  The  State  has  an 
interest  in  the  university  at  Athens,  the  asylum  for  the  blind  at  Macou,  the  build- 
ings of  the  Technological  School,  and  of  the  other  branch  colleges. 

Joint  resolution,  November  26,  1890:  The  State  of  Georgia  hereby  accepts  the 
donation  from  the  United  States  of  a  part  of  the  proceeds  of  the  public  lands  to 
be  paid  and  used  as  provided  in  an  act  of  Congress  of  the  United  States,  approved 
August  30,  1890,  upon  the  terms  and  conditions  prescribed  therein. 

General  laws,  1890-91:  SECTION  1.  There  shall  be  established  in  connection  with 
the  State  university,  and  forming  one  of  the  departments  thereof,  a  school  for 
the  education  and  training  of  colored  students.  Said  school  shall  be  located, 
equipped,  and  conducted  as  hereinafter  provided. 

SEC.  2.  The  governor  shall  appoint  five  fit  and  discreet  persons,  residents  of  this 
State,  to  be  known  as  the  "Commission  on  the  school  for  colored  students," 
who  shall  serve  without  pay,  except  that  their  actual  expenses  while  away  from 
their  several  places  of  residence,  attending  to  the  duties  of  such  commission,  may 
be  allowed,  as  hereinafter  provided;  and  they  may  select  from  their  number  a 
chairman  and  secretary,  prescribe  rules  and  regulation  for  their  government, 
accept  the  resignation  of  any  member,  and  fill  all  vacancies.  A  majority  shall 
constitute  a  quorum  for  the  transaction  of  business. 

SEC.  3.  It  shall  be  the  duty  of  said  commission,  as  soon  as  practicable  after  the 
passage  of  this  act,  to  procure  the  grounds  and  buildings  necessary  for  the  estab- 
lishment of  the  school  herein  provided  for.  It  shall  be  located  within  or  near  the 
corporate 'limits  of  that  city  or  town  in  the  State  which  shall  offer  the  best  induce- 
ments for  such  location,  in  the  opinion  of  said  commission.  In  making  a  selection 
of  a  location  for  said  school  the  commission  shall  give  preference  to  such  place 
as  shall  be  of  easy  access  to  all  the  colored  people  of  the  State,  having  due  regard 
to  the  appropriateness,  eligibility,  and  healthfulness  of  the  surroundings,  as  well 
as  to  any  offer  or  donation  of  value  that  may  be  made  to  secure  the  said  school, 
and  any  inducements  offered  by  any  nonsectarian  institute  of  this  State.  The 
selection  once  made  shall  be  final. 

SEC.  4.  The  said  commission,  as  soon  as  they  shall  have  selected  the  location 
and  procured  the  necessary  grounds,  shall  proceed  to  have  erected  on  such 
grounds  suitable  bnildings  for  such  school,  or,  in  case  they  secure  grounds  upon 
which  there  are  buildings  already  erected,  shall  proceed  to  remodel  the  same, 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  51 

<ig  any  additional  buildings  that  may  be  necessary  and  practicable  under 
the  appropriations  made  therefor. 

SEC.  5.  A  course  of  training  shall  be  provided  for  all  the  students  in  said  school, 
embracing  the  studies  required  by  the  acts  of  Congress  of  the  United  States, 
red  July  2,  1802,  and  August  30,  1890,  making  donations  of  public  lands 
and  the  proceeds  thereof  to  the  States  and  Territories  for  educational  purposes. 
No  student  shall  be  permitted  to  remain  in  the  institution  unless  satisfactory 
progress  shall  be  made  by  him,  in  the  opinion  of  the  faculty. 

SEC.  6.  The  said  school,  when  so  established,  shall  be  a  part  of  the  University 

of  Georgia,  and  under  control  and  management  of  its  board  of  trustees.     Said 

board  shall  have  authority  from  time  to  time  to  add  such  special  features  to  the 

course  and  to  open  such  other  departments  of  training  and  instruction  therein  as 

-hall  deem  that  the  progress  and  advancement  of  the  times  require.     They 

,;lso  have  authority  to  ordain  and  establish  such  rules  and  by-laws  for  the 

regulation  of  the  school  and  the  teaching,  training,  and  governing  of  the  stu- 

.  not  inconsistent  with  this  act,  as  in  their  opinion  may  be  proper  to  secure 

the  success  of  said  school. 

SKC.  7.  The  officers  of  said  school  shall  be  a  president,  and  such  other  profes- 
sors, teachers,  and  instructors  as  may  be  necessary,  in  the  opinion  of  the  board  of 
trustees,  to  carry  on  the  school  in  accordance  with  the  intention  of  this  act.  The 
chancellor  of  the  University  of  Georgia  shall  have  the  general  supervision  of  said 
seh»ol.  The  officers  aforesaid  shall  be  elected  and  their  salaries  fixed,  either 
directly  by  the  board  of  trustees  or  through  the  local  board  of  trustees  hereinafter 
provided  for. 

.  8.  When  the  necessary  buildings  shall  have  been  procured,  erected  or  com- 
pleted as  required  by  this  act,  and  said  school  shall  be  ready  for  the  reception  of 
students,  said  commission  shall  notify  the  board  of  trustees  of  the  University  of 
Georgia,  and  shall  turn  the  said  school  over  to  their  control  and  management. 

SEC.  9.  There  shall  be  one  beneficiary  for  each  representative  in  the  general 

:  !>1  v  from  ;iity  in  this  State,  selected  by  the  board  of  education  in 

each  county,  under  such  rules  and  regulations  to  be  prescribed  by  the  local  board 

of  trustees  herein  provided  for,  and  who  shall  be  first  entitled  to  the  benefits  of 

said  school;  the  tuition  shall  be  free  to  all  students  who  are  residents  of  the  State 

of  Georgia.     The  rate  of  tuition  to  others  than  residents  of  the  State  shall  not 

•  -1  fifty  dollars  per  annum. 

.  10.  The  five  persons  named  in  the  second  section  of  this  act  shall  become, 
as  soon  as  said  school  is  turned  over  by  them  to  the  board  of  trustees  of  the  Uni- 
versity of  Georgia,  a  local  board  of  trustees  for  said  school,  with  perpetual  suc- 
n,  as  hereinbefore  provided,  and  they  shall  always  be  charged  with  the 
immediate  control,  supervision,  and  management  of  said  school,  subject  to  the 
general  board  of  trustees.  The  chairman  of  said  local  board  of  trustees  shall  be 
ex  ojjicio  a  member  of  the  board  of  trustees  of  the  University  of  Georgia. 

SEC.  11.  All  property  purchased  under  authority  of  this  act  shall  be  free  from 
liens  or  incuuibrances,  and  title  to  the  same,  as  well  as  to  any  donation  that  said 
commission  may  receive,  shall  be  taken  in  the  name  of  the  trustees  of  the  Uni- 
y  of  Georgia,  in  their  corporate  capacity,  and  said  property  shall  become  the 
property  of  the  State  of  Georgia,  and  the  same  shall  not  be  alienated  by  any  one, 
nor  shall  any  valid  lien  be  created  thereon,  neither  in  the  erection  of  any  building 
thereon,  nor  by  the  act  of  any  person,  nor  by  the  operation  of  law. 

SEC.  12.  When  one  of  said  conn  a  ission  shall  have  incurred  any  necessary  expense 
while  away  from  his  place  of  residence  in  the  performance  of  his  duty  under  this 
act,  then,  on  verification  of  the  same,  by  his  affidavit,  the  governor  may  indorse 
the  same  as  correct,  and  order  it  paid  out  of  the  funds  herein  appropriated.  Any 
indebtedness  for  plans  and  specifications  must  likewise  be  indorsed  by  the  gov- 
ernor before  payment  of  the  same  is  made. 

SEC.  13.  When  said  commission  shall  have  performed  their  duties  under  this 
act  and  shall  turn  over  said  property  to  the  trustees  of  the  University  of  Georgia, 
as  herein  provided,  said  commission  shall  submit  to  said  board  a  full  and  final 
statement  describing  the  property  purchased,  the  amount  of  money  expended 
therefor,  with  proper  vouchers,  and  said  board  of  trustees,  after  verification  of 
the  same,  shall  transmit  to  the  governor  said  report,  with  any  suggestions  there- 
with they  may  deem  proper  to  make,  and  the  governor  shall  transmit  to  the  general 
assembly  a  summary  of  the  same. 

SEC.  14.  The  sum  of  eight  thousand  dollars  is  hereby  annually  appropriated  to 
the  board  of  trustees  of  the  university  to  be  drawn  upon  executive  warrant  in  their 
favor  for  said  purposes. 

SEC.  15.  The  appropriation  herein  provided  for  shall  be  in  lieu  of  any  claim  of 
the  colored  population  of  this  State  upon  the  proceeds  of  the  agricultural  land 


52  EDUCATION   REPORT,  1901-1902. 

scrip  donated  by  the  Congress  of  the  United  States  by  said  act  of  Congress 
approved  July  2,  1862. 

SEC.  16.  The  board  of  visitors  of  the  State  university,  or  a  committee  of  their 
body,  shall  exercise  like  functions  and  powers  touching  said  institution  as  are 
prescribed  by  law  for  said  board  in  relation  to  the  State  university. 

SEC.  17.  As  to  the  additional  donation  of  the  proceeds  of  public  lands  made  to 
this  State  by  the  United  States  under  said  act  of  Congress  approved  August  30, 
1890,  the  general  assembly  proposes  and  reports  to  the  Secretary  of  the  Interior 
of  the  United  States  as  a  just  and  equitable  division  of  the  funds  to  be  received 
under  said  act  of  August  30, 1800,  between  one  college  for  white  students  and  one 
institution  for  colored  students,  that  one-third  of  said  fund  shall  be  for  the  colored 
students  and  two- thirds  for  the  whites,  provided,  that  this  division  may  be  at  any 
time  modified  by  the  written  consent  of  the  Secretary  of  the  Interior  of  the  United 
States  and  the  governor  of  Georgia  for  the  time  being,  so  as  to  make  the  same  a 
just  and  equitable  division  of  the  fund  arising  under  said  act  of  Congress  of 
August  30,  1890,  between  the  white  and  colored  people  of  the  State  for  the  pur- 
poses of  said  education. 

SEC.  18.  The  act  approved  March  3,  1874,  entitled  "An  act  to  equitably  adjust 
the  claims  of  the  colored  race  for  a  portion  of  the  proceeds  of  the  agricultural 
land  scrip,"  by  which  eight  thousand  dollars  per  annum  was  heretofore  appro- 
priated to  the  Atlanta  University,  is  hereby  repealed.  And  no  colored  student 
shall  be  admitted  into  the  university  and  no  white  student  shall  be  admitted  into 
the  school  for  colored  students  herein  provided  and  established. 

SEC.  19.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions  of  said  act, 
including  said  act  of  March  3,  1874,  are  hereby  repealed.  (November  26, 1890.) 

IDAHO. 

Constitution  (1889)  Article  X:  SECTION  1.  Educational,  reformatory,  and  penal 
institutions,  and  those  for  the  benefit  of  the  insane,  blind,  deaf  and  dumb,  and 
such  other  institutions  as  the  public  good  may  require,  shall  be  established  and 
supported  by  the  State  in  such  manner  as  may  be  prescribed  by  law. 

SEC.  2.  All  property  and  institutions  of  the  Territory  shall,  upon  the  adoption 
of  the  constitution,  become  the  property  and  institutions  of  the  State  of  Idaho. 

[The  following  matter  is  taken  from  the  general  laws  of  the  State  of  Idaho.] 

General  laws,  1888-89:  SECTION  1.  There  is  hereby  established  in  this  Territory, 
at  the  town  of  Moscow,  in  the  county  of  Latah,  an  institution  of  learning  by  the 
name  and  style  of  "  The  University  of  Idaho." 

SEC.  2.  [See  act  passed  at  fifth  session.]  The  government  of  the  university 
shall  vest  in  a  board  of  regents  to  consist  of  nine  members  chosen  from  the  Terri- 
tory at  large,  which  board  the  governor  shall  nominate  and,  by  and  with  the  advice 
and  consent  of  the  legislative  council,  appoint.  The  term  of  office  of  said  regents 
shall  be  two  years  from  the  first  Monday  in  February  in  the  year  in  which 
appointed. 

SEC.  3.  The  board  of  regents  and  their  successors  in  office  shall  constitute  a 
body  corporate  by  the  name  of  "The  Regents  of  the  University  of  Idaho,"  and 
shall  possess  all  the  powers  necessary  or  convenient  to  accomplish  the  objects  and 
perform  the  duties  prescribed  by  law,  and  shall  have  the  custody  of  the  books, 
records,  buildings,  and  other  property  of  said  university.  The  board  shall  elect  a 
president,  secretary,  and  treasurer  who  shall  perform  such  duties  as  shall  be  pre- 
scribed by  the  by-laws  of  the  board.  The  secretary  shall  keep  a  faithful  record 
of  all  the  transactioaas  of  the  board  and  of  the  executive  committee  thereof.  The 
treasurer  shall  perform  all  the  duties  of  such  office,  subject  to  such  regulations 
as  the  board  may  adopt,  and  for  the  faithful  discharge  of  all  his  duties  shall 
execute  a  bond  in  such  sum  as  the  board  may  direct. 

SEC.  4.  The  time  of  the  election  of  the  president,  secretary,  and  treasurer  of 
said  board,  and  the  duration  of  their  respective  terms  of  office  and  the  times  for 
holding  the  regular  annual  meeting  and  such  other  meetings  as  may  be  required, 
and  the  manner  of  notifying  the  same,  shall  be  determined  by  the  by-laws  of  the 
board.  A  majority  of  the  board  shall  constitute  a  quorum  for  the  transaction  of 
business,  but  a  less  number  may  adjourn  from  time  to  time. 

SEC.  5.  The  board  of  regents  shall  enact  laws  for  the  government  of  the  univer- 
sity in  all  its  branches,  elect  a  president  and  the  requisite  number  of  professors, 
instructors,  officers,  and  employees,  and  fix  the  salaries  and  the  term  of  office  of 
each,  and  determine  the  moral  and  educational  qualifications  of  applicants  for 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  53 

admission  to  the  various  courses  of  instruction;  but  no  instruction  either  sec- 
tarian in  religion  or  partisan  in  politics  shall  ever  be  allowed  in  any  department 
of  the  university,  and  no  sectarian  or  partisan  test  shall  ever  be  allowed  or  exer- 
cised in  the  appointment  of  regents  or  in  the  election  of  professors,  teachers,  or 
other  officers  of  the  university,  or  in  the  admission  of  students  thereto,  or  for  any 
purpose  whatever.  The  board  of  regents  shall  have  power  to  remove  the  presi- 
dent or  any  professor,  instructor,  or  officer  of  the  university,  when  in  their  judg- 
ment the  interests  of  the  university  require  it.  The  board  may  prescribe  rules  and 
regulations  for  the  management  of  the  libraries,  cabinet,  museum,  laboratories, 
and  for  the  care  and  preservation  thereof,  with  penalties  and  forfeitures,  by  way 
of  damages  for  their  violation,  which  may  be  sued  for  and  collected  in  the  name 
of  the  board,  before  any  court  having  jurisdiction  of  such  action. 

SEC.  6.  The  board  of  regents  are  authorized  to  expend  such  portion  of  the  income 
of  the  university  fund  hereinafter  created  as  they  may  deem  expedient  for  the 
erection  of  suitable  buildings  and  the  purchase  of  apparatus,  a  library,  cabinets, 
in  id  additions  thereto. 

SEC.  7.  At  the  close  of  each  fiscal  year  the  regents,  through  their  president, 
shall  make  a  report  in  detail  to  the  governor,  exhibiting  the  progress,  conditions, 
and  wants  of  the  university,  the  course  of  study,  the  number  of  professors  and 
students,  the  amount  of  receipts  and  disbursements,  together  with  the  nature, 
costs,  and  results  of  all  important  investigations  and  experiments,  and  such  other 
information  as  they  may  deem  important. 

SEC.  8.  The  president' of  the  university  shall  be  president  of  the  faculty  or  of 
the  several  faculties  as  they  may  be  hereafter  established  and  the  executive  head 
of  the  instructional  force  in  all  its  departments.  As  such,  he  shall  have  authority, 
subject  to  the  board  of  regents,  to  give  general  direction  to  the  instruction  and 
scientific  investigation  of  the  university,  and  so  long  as  the  interests  of  the  insti- 
tution require  it  he  shall  be  charged  with  the  duties  of  one  of  the  professorships. 
The  immediate  government  of  the  university  shall  be  intrusted  to  the  faculty, 
but  the  regents  shall  have  power  to  regulate  the  course  of  instruction  and  pre- 
scribe the  books  or  works  to  be  used  in  the  several  courses  and  also  to  confer  such 
<-s  and  grant  such  diplomas  as  are  usual  in  universities  or  as  they  shall  deem 
appropriate,  and  to  confer  upon  the  faculty,  by  by-laws,  the  power  to  suspend  or 
expel  students  for  misconduct  or  other  cause  prescribed  by  such  by-laws. 

SEC.  9.  The  object  of  the  University  of  Idaho  shall  ba  to  provide  the  means  of 
acquiring  a  thorough  knowledge  of  the  various  branches  of  learning  connected 
with  scientific,  industrial,  and  professional  pursuits,  and  to  this  end  it  shall  con- 
sist of  the  following  colleges  or  departments,  to  wit:  First,  the  college  or  depart- 
ment of  arts;  second,  the  college  or  department  of  letters;  third,  the  professional 
or  other  colleges  or  departments  as  may  from  time  to  time  be  added  thereto  or 
connected  therewith. 

Si.c.  10.  The  college  or  department  of  arts  shall  embrace  courses  of  instruction 
in  mathematical,  physical,  and  natural  sciences  with  their  application  to  the 
industrial  arts,  such  as  agriculture,  mechanics,  engineering,  mining,  and  metal- 
lurgy, manufactures,  architecture,  and  commerce  in  such  branches  included  in 
the  college  of  letters  as  shall  be  necessary  to  a  proper  fitness  of  the  pupils  in  the 
scientific  and  practical  courses  for  their  chosen  pursuits,  and,  as  soon  as  the 
income  of  the  university  will  allow,  in  such  order  as  the  wants  of  the  public  shall 
seem  to  require,  the  said  courses  in  the  sciences  and  their  application  to  the  prac- 
tical arts  shall  be  expanded  into  distinct  colleges  of  the  university,  each  with  its 
own  faculty  and  appropriate  title.  The  college  of  letters  shall  be  coexistent  with 
the  college  of  arts  and  shall  embrace  a  liberal  course  of  instruction  in  language, 
literature,  and  philosophy,  together  with  such  courses  or  parts  of  courses  in  the 
college  of  arts  as  the  regents  of  the  university  shall  prescribe. 

SEC.  11.  The  university  shall  be  open  to  female  as  well  as  male  students,  under 
such  regulations  and  restrictions  as  the  board  of  regents  may  deem  proper. 

SEC.  12.  No  student  who  shall  have  been  a  resident  of  the  Territory  for  one 
year,  next  preceding  his  admission,  shall  be  required  to  pay  any  fees  for  tuition 
in  the  university,  except  in  a  professional  department  and  for  extra  studies.  The 
regents  may  prescribe  rates  of  tuition  for  any  piipil  in  a  professional  department, 
or  who  shall  not  have  been  a  resident  as  aforesaid,  and  for  teaching  extra  studies. 

SEC.  13.  The  board  of  regents  herein  provided  for  shall  be  appointed  immedi- 
ately after  this  act  becomes  a  law;  and  within  ninety  days  after  the  appointment 
of  said  regents  the  board  shall  meet  at  Boise  City  and  elect  a  president,  secretary, 
and  treasurer  thereof,  and  shall  at  said  meeting  adopt  by-laws  for  the  government 
of  said  board  and  the  officers  chosen  by  virtue  of  this  act. 

SEC.  14.  The  sum  of  $15,000  is  hereby  appropriated  out  of  any  money  in  the 
Territorial  treasury  of  Idaho,  not  otherwise  appropriated,  and  the  Territorial 


54  EDUCATION    REPOET,    1901-1902. 

comptroller  is  hereby  authorized  to  draw  his  warrant  on  the  Territorial  treasurer 
for  said  amount,  and  the  Territorial  treasurer  is  hereby  directed  and  commanded 
to  pay  the  same,  as  hereinafter  provided,  which  money  shall  be  expended  for  the 
following  purposes,  to  wit:  First,  the  purchase  of  a  site  or  grounds  for  said  uni- 
versity, said  location  to  consist  of  not  less  than  10  nor  more  than  20  acres  of 
ground,  and  for  the  improvement  of  the  same,  and  for  keeping  the  same  in  repair; 
second,  to  advertise  for  and  obtain  plans  and  specifications  for  a  university  build- 
ing, under  such  rules  and  regulations  as  the  board  may  impose;  third,  for  the 
payment  of  the  necessary  expenses  of  said  board,  as  hereinafter  provided. 

SEC.  15.  The  president  and  secretary  ex  officiorand  one  member  of  the  board  to 
be  appointed  by  the  president  thereof,  shall  constitute  an  executive  committee  of 
said  board,  whose  duties  shall  be  prescribed  by  the  by-laws  of  the  board. 

SEC.  16.  Upon  executing  and  filing  with  the  Territorial  treasurer  a  good  and 
sufficient  bond,  in  whatever  sum  the  board  of  regents  shall  direct,  provided  said 
bond  shall  have  been  first  approved  by  the  Territorial  attorney-general,  the  Ter- 
ritorial treasurer  shall  pay  over  to  the  treasurer  of  said  board  the  sum  of  $15,000, 
or  so  much  thereof  as  may  be  available;  and  in  the  event  said  sum  is  not  paid  in 
full  upon  the  execution  and  delivery  of  said  bond  as  aforesaid,  then  the  remainder 
of  said  sum  shall  be  transferred  to  the  treasurer  of  said  board  as  speedily  as  the 
fund  shall  accumulate  therefor. 

SEC.  17.  The  treasurer  of  said  board  shall,  out  of  any  moneys  in  his  hands 
belonging  to  said  board,  pay  all  orders  drawn  upon  him  by  the  president  and  sec- 
retary thereof,  when  accompanied  by  vouchers  fully  explaining  the  character  of 
the  expenditure,  and  the  books  and  accounts  of  the  treasurer  shall  at  all  times  be 
open  to  the  inspection  of  the  board.  The  treasurer  shrill  make  an  annual  report 
to  the  president  of  the  board  of  all  transactions  connected  with  the  duties  of  his 
office. 

SEC.  18.  There  shall  be  levied  and  collected  annually  a  Territorial  tax  of  one- 
half  mill  for  each  dollar  of  the  assessed  valuation  of  the  taxable  property  of  the 
Territory,  which  amount,  when  so  levied  and  collected,  shall  be  appropriated  to  a 
university-building  fund  to  remain  in  the  treasury  subject  to  the  order  of  the 
board  of  regents;  but  in  no  event  shall  said  board  appropriate  the  fund  thus  col- 
lected, or  any  portion  thereof,  to  any  purpose  other  than  that  for  which  said  fund 
was  provided:  And  provided  further,  That  said  tax  shall  not  be  levied  and  col- 
lected for  a  longer  period  than  four  years. 

SEC.  19.  The  regents  shall  receive  the  actual  amount  of  their  expenses  in  travel- 
ing to  and  from  and  in  attendance  upon  all  meetings  of  the  board,  or  incurred  in 
the  performance  of  any  duty  in  pursuance  of  any  direction  of  the  board:  accounts 
of  such  expenses  shall  be  duly  authenticated  and  audited  by  the  board,  and  be 
paid  on  their  order  by  the  treasurer  out  of  any  fund  belonging  to  the  university 
not  otherwise  appropriated.  No  regent  shall  receive  any  pay,  mileage,  or  per  diem 
except  as  above  prescribed.  (January  30,  1889.) 

General  laws,  first  session  (1890-91):  SECTION  1.  The  assent  of  the  legislature  of 
the  State  of  Idaho  is  hereby  given  to  all  the  provisions  of  an  act  of  Congress 
approved  July  2, 1863,  and  also  to  an  act  approved  March  2,  1887,  entitled  ''An 
act  to  establish  agricultural  experiment  stations  in  connection  with  the  colleges 
established  in  the  several  States  under  the  provisions  of  an  act  approved  July  2, 
1862,  and  the  acts  supplemental  thereto,"  and  the  acts  amendatory  thereof  and 
supplementary  thereto.  (January  23,  1891.) 

General  laws,  first  session  (1890-91):  SECTION  1.  Section  18  of  an  act  to 
establish  the  University  of  Idaho  be  amended  to  read  as  follows:  SEC.  18.  There 
shall  be  levied  and  collected  annually  a  State  tax  of  three-quarters  of  a  mill  for 
each  dollar  of  the  assessed  valuation  of  taxable  property  of  the  State  of  Idaho, 
which  amount,  when  so  levied  and  collected,  shall  be  appropriated  to  a  university 
building  fund,  to  remain  in  the  Treasury  subject  to  the  order  of  the  board  of 
regents;  but  in  no  event  shall  said  board  appropriate  the  fund  thus  collected,  or 
any  portion  thereof,  to  any  purpose  other  than  that  for  which  said -fund  was  pro- 
vided: And  provided  further ,  That  said  tax  shall  not  be  levied  and  collected  for  a 
longer  period  than  four  years  from  the  date  hereof.  (February  12,  1891.) 

General  Laws,  second  session:  SECTION  1.  Section  1  of  an  act  to  establish  the 
University  of  Idaho  [evidently  the  act  of  February  2,  1891,  is  the  one  referred  to, 
not  section  18  of  the  act  of  January  30,  1889.  referred  to  in  the  foregoing  law  of 
February  12, 1891]  be  amended  to  read  as  follows:  There  shall  be  levied  and  col- 
lected annually  a  State  tax  of  three-quarters  of  a  mill  for  each  dollar  of  the 
assessed  valuation  of  taxable  property  of  the  State  of  Idaho,  which  amount  when 
so  levied  and  collected  shall  be  appropriated  to  a  university  building  fund,  to 
remain  in  the  treasury  subject  to  the  order  of  the  board  of  regents:  but  in  no 
event  shall  said  board  appropriate  the  funds  thus  collected  or  any  portion  thereof 


LAWS    KELATING    TO    LAITD-GKANT    COLLEGES.  55 

to  any  purpose  other  than  that  for  which  said  fund  was  provided,  and  provided 
that  said  tax  shall  be  levied  and  collected  for  the  years  1893,  1894,  and  1895;  and 
that  the  said  board  of  regents  may  anticipate  the  receipt  of  the  said  taxes  by 
issuing  warrants  to  the  contractors  for  the  erection  of  the  buildings,  bearing 
interest  at  not  more  than  0  per  cent  per  annum,  payable  out  of  the  first  moneys 
received  from  said  taxes,  and  said  warrants  shall  be  a  charge  upon  said  taxes  only 
and  not  a  charge  against  the  State.  (February  24,  1893.) 

General  Laws,  fifth  session:  SECTION  1.  Section  2  of  an  act  to  establish  the 
University  of  Idaho  is  amended  to  read  as  follows:  SEC.  2.  The  government  of  the 
university  shall  vest  in  a  board  of  regents  to  consist  of  nine  members  chosen  from 
the  State  at  large,  which  board  the  governor  shall  nominate,  and  with  the  advice 
and  consent  of  the  Senate,  appoint.  The  term  of  office  of  said  regents  shall  be  six 
years  from  the  first  Monday  in  February  in  the  year  in  which  appointed:  Pi'O- 
That  the  regents  appointed  in  the  year  1899  shall  hold  their  offices  during 
the  following  periods:  Three  shall  be  appointed  for  a  term  of  two  years,  three 
shall  be  appointed  for  a  term  of  four  years,  and  three  shall  be  appointed  for  a 
term  of  six  years.  The  governor  shall  have  power  to  fill  vacancies  in  the  board 
by  appointment,  which  appointment  shall  be  valid  until  the  last  day  of  the  regu- 
lar session  of  the  legislature  following  such  appointment. 

Ibid:  SECTION  1.  For  the  purpose  of  providing  money  for  the  finishing  and  fur- 
nishing Hi'-  State  University  of  Idaho,  etc.,  a  loan  of  $49,000  is  authorized. 

.8.  Fourteen  thousand  dollars  shall  be  paid  out  for  expenses  incurred  in 
finishing  and  furnishing  the  State  University  of  Idaho.     (March  9,  1899.) 

General  Laws,  sixth  session:  SECTION  1.  Section  2  of  an  act  "To  establish  the 
University  of  Idaho/'  is  amended  to  read  as  follows:  SEC.  2.  The  government  of 
the  university  shall  vest  in  a  board  of  regents,  to  consist  of  five  members  chosen 
from  the  State  at  large,  which  board  the  governor  shall  nominate,  and  with  the 
advice  and  consent  <>r  the  senate,  appoint.  The  said  board  shall  be  nonpartisan, 
no  more  than  three  of  whom  shall  be  of  the  same  political  party.  The  terms  of 
of  said  regents  shall  be  six  years  from  the  first  Monday  in  February  in  the 
year  in  which  appointed:  /Yor/mW,  That  the  regents  appointed  in  the  year  1901 
shall  hold  their  office  during  tho  following  periods:  One  shall  be  appointed  for  a 
term  of  four  years  and  two  shall  be  appointed  for  a  term  of  six  years.  The  gov- 
ernor shall  have  power  to  till  vacancies  in  the  board  by  appointment,  which 
appointment  shall  bo  valid  until  the  last  day  of  the  regular  session  of  the  legisla- 
ture following  such  appointment.  (March  4,  1901.) 

Ibid:  SECTION  1 .  For  the  purpose  of  providing  money  for  the  erection  of  a  school 
of  science  hall,  mid  for  the  er.  -  -girls'  dormitory  and  the  furnishing  thereof 

at  the  University  t>"  of  Idaho/  a  loan  of  $50,000  is  hereby  authorized,  to 

be  negotiated  by  a  board  consisting  of  the  governor,  treasurer,  secretary  of  state, 
and  attorney-general  of  th»-  State  of  Idaho,  on  the  faith  and  credit  of  the  State  of 
Idaho,  and  secured  by  the  ]  .s  herein  provided,  of  the  sales  of  school  of 

science  lands  and  timber  on  such  lands,  and  of  the  interest  on  the  moneys  accru- 
ing from  the  sales  of  lauds  and  timber  belonging  to  the  Agricultural  College  and 
the  State  University. 

SEC.  5.  For  the  purpose  of  securing  the  payment  of  the  principal  of  the  bonds 
Nos.  1  to  25,  inclusive,  provided  for  in  this  act,  the  proceeds  of  the  sale  of  all  the 
lands,  or  of  the  timber  growing  thereon,  granted  to  the  State  of  Idaho  by  the 
United  States  for  the  establishment  and  maintenance  of  a  school  of  science,  are 
hereby  set  apart  as  a  separate  and  distinct  fund,  to  be  known  as  the  school  of 
science  building  fund;  and  after  the  payment  of  said  principal  of  said  bonds  of 
this  act,  then  the  proceeds  of  the  sales  of  said  lands  or  timber  shall  be  paid  into 
the  general  fund  in  the  State  treasury  until  the  amount,  equal  to  the  total  amount 
of  interest  that  has  heretofore  been  paid  out  of  the  general  fund  on  said  bonds, 
issued  under  the  provisions  of  this  act,  less  the  amount  of  interest  that  may  have 
been  paid  into  the  said  general  fund  from  investment  of  school  of  science  sinking 
fund  money  in  State  warrants  as  herein  provided,  has  been  so  paid  into  the  gen- 
eral fund.  "  When  the  principal  of  said  bonds  shall  have  been  fully  paid,  and  the 
general  fund  of  the  State  reimbursed  for  the  interest  on  said  bonds  provided  for 
in  this  act,  then  and  thereafter  the  proceeds  of  the  sales  of  said  lands  and  timber 
shall  be  disposed  of  as  may  by  law  be  provided. 

SEC.  6.  For  the  purpose  of  securing  the  payment  of  the  principal  of  the  bonds 
Nos.  26  to  50,  inclusive,  provided  for  in  this  act,  the  interest  on  the  proceeds 
of  the  sale  of  all  the  lands,  or  of  timber  growing  thereon,  granted  to  the  State  of 
Idaho  by  the  United  States  for  the  support  and  maintenance  of  an  agricultural 
college  and  for  the  support  and  maintenance  of  a  State  university  are  hereby  set 
apart  as  a  distinct  fund,  to  be  known  as  the  university  dormitory  building  fund; 
and  after  the  payment  of  said  principal  of  said  bonds  of  this  act,  then  the  inter- 


56  EDUCATION    REPORT,  1901-1902. 

est  on  the  proceeds  of  the  sales  of  said  lands  or  timber  shall  be  paid  into  the 
general  fund  in  the  State  treasury  until  the  amount,  equal  to  the  total  amount 
of  interest  that  has  heretofore  been  paid  out  of  said  general  fund  on  said  bonds, 
issued  under  the  provisions  of  this  act,  less  the  amount  of  interest  that  may  have 
been  paid  into  the  said  general  fund  from  the  investment  of  university  dormitory 
building  sinking  fund  money  in  State  warrants  as  herein  provided,  has  been  so 
paid  into  the  general  fund.  When  the  principal  of  said  bonds  shall  have  been 
fully  paid  and  the  general  fund  of  the  State  reimbursed  for  interest  on  said  bonds 
provided  for  in  this  act,  then  and  thereafter  the  interest  on  the  proceeds  of  the 
sale  of  said  lands  and  timber  shall  be  disposed  of  as  may  be  provided  by  law. 
(March  14, 1901.  The  act  has  9  sections;  those  omitted  deal  with  the  financing  of 
the  loan.) 

ILLINOIS. 

Constitution  (1870),  Article  VIII:  SECTION  2.  All  lands,  moneys,  or  other  prop- 
erty donated,  granted,  or  received  for  school,  college,  seminary,  or  university  pur- 
poses, and  the  proceeds  thereof,  shall  be  faithfully  applied  to  the  objects  for  which 
such  gifts  or  grants  were  made. 

SEC.  3.  Neither  the  general  assembly  nor  any  county,  city,  town,  township, 
school  district,  or  other  public  corporation,  shall  ever  make  any  appropriation  or 
pay  from  any  public  fund  whatever  anything  in  aid  of  any  church  or  sectarian 
purpose  or  to  help  support  or  sustain  any  school,  academy,  seminary,  college,  uni- 
versity, or  other  literary  or  scientific  institution  controlled  by  any  church  or  sec- 
tarian denomination  whatever;  nor  shall  any  grant  or  donation  of  land,  money,  or 
other  personal  property  ever  be  made  by  the  State  or  any  such  public  corporation 
to  any  church  or  for  any  sectarian  purpose. 

[The  following  matter  is  taken  from  "The  Eevised  Statutes  of  the  State  of  Illinois,  1901,  com' 
.  piled  aud  edited  by  Harvey  B.  Hurd."    Chicago,  1901.1 

Chapter  144:  SECTION!.  Any  corporation  which  has  been  or  may  be  incorpo- 
rated under  any  general  law  of  this  State  for  the  purpose  of  establishing  or  con- 
ducting a  university,  college,  academy,  or  other  institution  of  learning,  in  addi- 
tion to  the  powers  granted  by  such  law,  shall  have  power  to  take  by  purchase, 
gift,  grant,  devise,  or  bequest,  and  to  hold  for  the  use  of  such  corporation,  any 
real  or  personal  property  whatever,  and  to  sell,  convey,  mortgage,  or  otherwise 
use  the  same  as  may  be  considered  most  conducive  to  the  interests  of  such  insti- 
tution; but  such  corporation  shall  have  no  power  to  divert  any  gift,  grant,  devise, 
or  bequest  from  the  specific  purpose  designated  by  the  donor. 

SEC.  16.  The  Illinois  Industrial  University,  located  at  Urbana,  in  Champaign 
County,  shall,  after  the  passage  of  this  act,  be  known  as  the  University  of  Illinois, 
and  under  that  name  and  title  shall  have,  possess,  be  seized  of,  and  exercise  all 
rights,  privileges,  franchises,  and  estates  which  have  hitherto  belonged  to,  or  may 
hereafter  inure  to,  the  said  Illinois  Industrial  University. 

SEC.  17.  There  shall  be  elected  at  the  general  election,  to  be  held  in  the  several 
precincts  and  counties  of  this  State  on  the  Tuesday  next  after  the  first  Monday 
of  November,  1888,  and  every  two  years  thereafter  three  trustees  of  the  Univer- 
sity of  Illinois,  and  the  trustees  so  elected,  together  with  the  governor,  the  presi- 
dent of  the  State  board  of  agriculture,  the  superintendent  of  public  instruction, 
and  those  persons  who  may  have  been  appointed  by  the  governor,  to  be  trustees 
of  said  university,  and  whose  terms  of  office  shall  not  have  expired,  shall  consti- 
tute the  board  of  trustees  of  the  University  of  Illinois,  and  shall  succeed  to  and 
exercise  all  the  powers  conferred  by  the  act  "  to  provide  for  the  organization  and 
maintenance  of  the  Illinois  Industrial  University,"  approved  February  28,  1867, 
except  as  is  herein  or  may  be  hereafter  provided  by  law. 

SEC.  18.  The  trustees,  to  be  elected  as  provided  in  this  act,  shall  be  voted  for 
on  the  same  ballots  with  the  State  officers  to  be  chosen  at  such  recurring  general 
elections,  and  the  election  of  said  trustees  shall  be  conducted,  and  the  canvass, 
statement,  and  returns  of  the  votes  cast  for  said  trustees  shall  be  made  in  the 
same  manner  and  by  the  same  officers,  and  shall  be  governed  in  every  particular 
by  the  laws  of  this  State  governing  a  general  election.  The  term  of  office  to  be 
held  severally  by  the  trustees  so  elected  and  by  their  successors  shall  be  six  years 
from  the  second  Tuesday  of  March  next  succeeding  the  dates  of  their  several 
elections,  and  until  their  successors  shall  have  been  elected  and  qualified;  pro- 
vided, in  case  of  vacancy  in  said  board  such  vacancy  shall  be  filled  by  appoint- 
ment by  the  governor  until  the  next  general  election.  Said  board  of  trustees 
may  appoint  an  executive  committee  of  three  chosen  out  of  their  own  number, 
which  committee,  when  said  board  is  not  in  session,  shall  have  the  management 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  57 

and  control  of  the  university  and  of  its  affairs,  and  for  that  purpose  shall  have 
and  exercise  all  the  powers  which  are  necessary  and  proper  for  such  object, 
except  in  so  far  as  the  board  may  reserve  such  powers  to  itself,  and  any  powers 
granted  at  any  time  by  said  board  to  such  executive  committee  the  board  may  at 
any  time  revoke. 

SEC.  19.  To  equalize  the  advantages  of  the  University  of  Illinois  to  all  parts  of 
the  State,  there  shall  be  awarded  annually,  as  hereinafter  provided,  to  each  county 
of  the  State  one  State  scholarship,  which  shall  entitle  the  holder  thereof,  who 
shall  be  a  resident  of  the  senatorial  district  to  which  he  is  accredited,  to  instruc- 
tion in  any  or  all  departments  of  said  University  of  Illinois  for  a  term  of  four 
years,  free  from  any  charge  for  tuition  or  any  incidental  charge,  unless  such 
incidental  charges  shall  have  been  made  for  materials  used  or  for  damages  need- 
lessly done  to  property  of  the  university:  Provided,  That  in  counties  having  two 
or  more  senatorial  districts  there  shall  be  awarded  annually  one  additional  scholar- 
ship for  each  of  said  senatorial  districts. 

Sic.  20.  A  competitive  examination  under  the  direction  of  the  superintendent 
of  public  instruction  shall  be  held  at  the  county  court-house  in  each  county  of  the 
State  upon  the  first  Saturday  of  June  in  each  and  every  year  by  the  county  super- 
int<  TI dent  of  schools  upon  such  branches  of  study  as  said  superintendent  of  public 
instruction  and  the  president  of  said  university  may  deem  best. 

SEC.  21.  Questions  for  such  examinations  shall  be  prepared  and  furnished  by 
the  president  of  the  university  to  the  superintendent  of  public  instruction,  who 
shall  attend  to  the  printing  and  distribution  thereof  to  the  several  county  super- 
intendents of  schools  prior  to  such  examinations. 

SEC.  22.  In  case  any  candidate  who  shall  be  awarded  a  scholarship  shall  fail  to 
pass  the  entrance  examination  to  the  university,  or  shall  fail  to  claim  the  privi- 
leges of  such  scholarship,  or  having  claimed  the  privileges  shall  be  expelled,  or 
for  any  reason  shall  abandon  his  right  to  or  vacate  such  scholarship  either  before 
or  after  entering  thereupon,  then  the  candidate  certified  to  be  next  entitled  in 
the  same  county  shall  become  entitled  to  the  same.  In  case  any  scholarship 
belonging  to  any  county  shall  not  be  claimed  by  any  candidate  resident  in  that 
county,  the  superintendent  of  public  instruction  may  fill  the  same  by  appointing 
some  candidate  first  entitled  t<>  a  vacancy  in  some  other  county,  after  notice  has 
been  served  upon  the  county  superintendent  of  said  first-mentioned  county. 

S:.c.  vj:!.  The  comity  superintendents  shall,  within  ten  days  after  such  examina- 
tion, make  and  file  in  the  office  of  the  superintendent  of  public  instruction  certi- 
ficates, in  which  thry  shall  name  all  the  candidates  examined  and  specify  the 
order  of  their  excellence:  and  such  candidates  shall,  in  the  order  of  their  excel- 
lence, become  <; (titled  to  the  scholarships  belonging  to  their  respective  counties. 
The  examination  papers  handed  in  by  each  candidate  shall  also  be  filed  with  the 
certificate  of  examination. 

SEC.  2-1.  Candidates  to  be  eligible  to  said  scholarship  shall  be  at  least  16  years 
of  age,  and  shall  have  been  bona  fide  residents  of  their  respective  counties  for  at 
least  one  year  immediately  preceding  the  examination. 

Si:r.  2.">.  Any  student  holding  a  State  scholarship,  and  who  shall  make  it  appear 
to  the  satisfaction  of  the  president  of  the  university  that  he  requires  leave  of 
absence  for  the  purpose  of  earning  funds  to  defray  his  expenses  while  in  attend- 
ance, may,  in  the  discretion  of  the  president,  be  granted  such  leave  of  absence, 
and  may  be  allowed  a  period  not  exceeding  six  years  from  commencement  thereof 
for  the  completion  of  his  course  at  said  university. 

SEC.  26.  Notices  of  the  time  and  place  of  the  examination  shall  be  given  in  the 
schools  having  pupils  eligible  thereto  prior  to  the  1st  day  of  January  in  each  year. 
The  superintendent  of  public  instruction  shall  attend  to  the  giving  of  the  notices 
hereinbefore  provided  for;  he  may  in  his  discretion  direct  that  the  examination 
in  any  county  may  be  held  at  some  other  time  and  place  than  that  hereinbefore 
specified;  he  shall  keep  full  records  in  his  department  of  the  reports  of  the  differ- 
ent examiners,  showing  the  age.  post-office  address,  and  standing  of  each  candi- 
date, and  shall  notify  candidates  of  their  rights  under  this  act;  he  is  hereby 
charged  with  the  general  supervision  and  direction  of  all  matters  in  connection 
with  the  filling  of  such  scholarships;  he  shall  determine  any  controversy  which 
may  arise  under  this  act. 

SEC.  27.  Students  enjoying  the  privileges  of  State  scholarships  shall,  in  common 
with  other  students  of  said  university,  be  subject  to  all  the  examinations,  rules, 
and  requirements  of  the  board  of  trustees  and  faculty  as  herein  provided. 

S,':r.  2H.  Nothing  herein  contained  shall  be  construed  to  prevent  the  board  of 
trustees  of  said  university  from  granting  such  other  free  scholarships  as  in  their 
discretion  may  be  deemed  best. 

SEC.  29.  The  trustees  of  the  University  of  Illinois  are  hereby  authorized  and 


58  EDUCATION   REPORT,  1901-1902. 

directed  to  establish  a  chemical  and  biological  survey  of  the  waters  of  the  State 
in  connection  with  the  said  university. 

SEC.  30.  It  shall  be  the  duty  of  the  university  to  collect  facts  and  data  concern- 
ing the  water  supplies  of  the  State;  to  collect  samples  of  waters  from  wells, 
streams,  and  other  sources  of  supply;  to  subject  these  samples  to  such  chemical 
and  biological  examination  asid  analysis  as  shall  serve  to  demonstrate  their  sani- 
tary condition,  and  to  determine  standards  of  purity  of  drinking  waters  for  the 
various  sections  of  the  State;  to  publish  the  results  of  these  investigations  in  a 
series  of  reports  to  be  issued  annually  or  oftener,  to  the  end  that  the  condition  of 
the  potable  waters  of  the  State  may  be  better  known  and  that  the  welfare  of  the 
people  of  the  various  communities  of  the  State  may  thereby  be  conserved. 

SEC.  31.  For  the  installation  and  support  of  said  survey  there  is  hereby  appro- 
priated the  sum  of  $3,000  per  annum. 

SEC.  32.  The  auditor  of  state  is  hereby  authorized  and  directed  to  draw  his  war- 
rants quarterly,  in  advance,  on  the  treasurer  for  the  sums  hereby  appropriated, 
upon  the  order  of  the  chairman  of  the  board  of  trustees  of  the  University  of  Illi- 
nois, attested  by  the  secretary,  and  with  the  corporate  seal  of  the  university:  Pro- 
vided, That  no  part  of  said  sums  shall  be  due  and  payable  to  said  institution  until 
satisfactory  vouchers  in  detail,  approved  by  the  governor,  shall  be  filed  with  the 
auditor,  for  the  expenditure  of  the  last  quarterly  installment  of  appropriations 
herein  made. 

SEC.  43.  To  assist  and  encourage  useful  education  among  the  farmers  and  for 
developing  the  agricultural  resources  of  the  State,  an  organization  under  the 
name  and  style  of  "  Illinois  Farmers'  Institute  "  is  hereby  created  and  declared  a 
public  corporation  of  the  State. 

SEC.  44.  It  shall  consist  of  three  delegates  from  each  county  of  the  State,  elected 
annually  at  the  farmers'  institutes  for  said  county  by  the  members  thereof. 

SEC.  45.  The  affairs  of  the  "Illinois  Farmers'  Institute  "  shall  be  managed  by 
a  board  of  directors,  consisting  of  (1)  State  superintendent  of  public  instruction, 
(2)  professor  of  agriculture  of  the  University  of  Illinois,  (3)  president  of  the  State 
board  of  agriculture,  (4)  president  of  the  State  Horticultural  Society,  (5)  presi- 
dent of  the  State  Dairymen's  Association,  and  one  member  from  each  Congres- 
sional district  of  the  State,  to  be  selected  by  the  delegates  from  the  district  present 
at  the  annual  meeting  of  this  organization:  Provided,  That  the  members  first  selected 
from  the  Congressional  districts  of  even  numbers  shall  serve  for  one  year  and  the 
members  first  selected  from  the  Congressional  districts  of  odd  numbers  shall  serve 
for  two  years,  and  that  the  members  selected  thereafter  to  fill  expired  terms  of 
office  shall  serve  for  a  period  of  two  years. 

SEC.  46.  The  board  of  directors  of  the  Illinois  Farmers'  Institute  shall  have  sole 
care  and  disposal  of  all  funds  that  may  be  appropriated  by  the  State  to  sustain 
the  organization,  and  shall  expend  the  same  in  such  manner  as  in  their  judg- 
ment will  best  promote  the  interest  in  useful  education  among  the  farmers  and 
develop  the  agricultural  resources  of  the  State.  The  Illinois  Farmers'  Institute 
shall  make  annual  report  to  the  governor  of  its  transactions,  which  report  shall 
include  papers  pertaining  to  its  work  and  addresses  made  at  the  annual  meeting 
of  the  organization,  and  a  classified  statement  of  all  the  moneys  received  and  of 
all  expenditures  made;  and  20,000  copies  of  said  report  shall  be  printed  on  or  before 
September  \  of  each  fiscal  year,  one-half  for  the  use  of  the  Illinois  Farmers'  Insti- 
tute and  the  remainder  to  the  secretary  of  state  for  distribution.  It  shall  make  no 
appropriation  without  funds  in  hand  to  meet  the  same,  and  the  State  of  Illinois 
shall  in  no  event  be  held  liable  or  responsible  for  any  debt,  obligation,  or  contract 
made  by  the  Illinois  Farmers'  Institute  or  its  board  of  directors. 

SEC.  47.  There  shall  be  held  annually,  under  the  direction  of  the  board  of 
directors,  between  October  1  and  March  1  following  of  each  year,  a  public  meeting 
of  the  delegates  from  county  farmers'  institutes  and  of  farmers  of  this  State,  at 
such  time  and  place  as  may  be  determined  by  the  board  of  directors,  of  not  less 
than  three  days'  duration,  which  meeting  shall  be  held  for  the  purpose  of  develop- 
ing the  greater  interest  in  the  cultivation  of  crops,  in  the  care  and  breeding  of 
domestic  animals,  in  dairy  husbandry,  in  horticulture,  in  farm  drainage,  in 
improved  highways,  and  general  farm  management,  through  and  by  means  of 
liberal  discussion  of  these  kindred  subjects,  and  any  citizen  may  take  part  in  these 
meetings,  but  only  duly  elected  and  accredited  delegates  from  county  farmers' 
institutes  shall  be  permitted  to  vote  in  the  election  of  the  board  of  directors. 

SEC.  48.  The  members  of  each  new  board  of  directors  shall  enter  upon  their 
duties  the  next  Tuesday  after  their  election  and  hold  their  offices  for  one  or  two 
years,  as  provided  in  section  3,  or  until  their  successors  are  elected  and  enter  upon 
their  duties;  it  shall  have  power  to  fill  vacancies  in  the  board;  it  shall  organize 
^y  the  election  of  a  president,  vice-president,  secretary,  treasurer,  and  State  super- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  59 

intendent  of  the  Fanners'  Institutes,  and  such  other  officers  or  agents  as  may  be 
deemed  proper  for  organizing  and  conducting  the  work  of  the  organization,  who 
shall  hold  their  offices  for  one  year,  unless  removed  sooner  by  the  board-,  and  shall 
perform  such  duties  as  may  be  required  of  them  by  rules  of  the  board.  The  sec- 
retary, treasurer,  and  superintendent  may  be  other  than  members  of  the  board. 

SEC. '49.  Rooms  in  the  capitol  building  shall  be  assigned  to  the  officers  of  this 
organization  by  the  proper  authority,  which  shall  then  be  under  the  control  of  tho 
board  of  directors. 

SEC.  50.  The  board  of  directors  may  make  and  enforce  such  rules  and  by-laws, 
not  in  conflict  with  the  laws  of  this  State,  as  will  render  its  work  most  useful  and 
efficient. 

SEC.  51.  For  the  purpose  mentioned  in  the  preceding  sections,  said  board  of 
directors  may  use  such  sum  as  it  may  deem  proper  and  necessary,  not  exceeding 
the  amount  appropriated  therefor  by  the  general  assembly  from  the  general  fund 
for  that  purpose:  1 .  //•///>/•,  That -the  (1)  State  superintendent  of  public 

instruction,  (2)  professor  of  agriculture  of  the  University  of  Illinois,  (3)  presi- 
dent of  the  State  board  of  agriculture,  (4)  president  of  the  State  Horticultural 
Society,  (5)  president  of  the  State  Dairymen's  Association,  and  the  present  Con- 
gressional representatives  of  the  Illinois  Farmers'  Institute  Association  shall  con- 
stitute the  first  board  of  directors  of  this  organization,  who  shall  have  charge  of 
the  affairs  of  the  same  until  their  successors  have  been  duly  elected  and  enter  upon 
their  duties,  as  provided  in  this  act. 

[By  an  act  of  the  general  assembly  passed  February  21,  1861,  there  was  incorporated  an  insti- 
tution called  the  Illinois  Agricultural  College  "  for  the  purpose  of  instruction  in  practical  and 
;ic  agriculture."    For  the  purpose  of  enabling  the  college  to  perform  this  duty,  by  the 
•MU'ln  h  section  of  the  charter,  the  State  gave  to  the  corporation  the  college  and  seminary  lands 
i if  tin-  St.-it  e,and  the  evidence  shows  that  these  were  subsequently  sold  by  the  college  for  $58,000. 
Iiool  was  opened  in  ls^5.    "  But  it  was  in  character  no  more  than  a  common  school.    Tho 
<rs  provided  no  means  for  teaching  scientific  agriculture,  and  erected  no  workshops  nor 
]>rovi(i«Ml  facilit  ies  for  teaching  the  mechanic  arts.    On  the  contrary,  the  whole  effort  seems  to 
have  been  :i  •  failure.    These  facts,  as  shown  by  the  evidence  in  the  case,  seem  most 

clearly  to  establish  a  waste  and  perversion  of  the  fund  donated  by  the  State.    That  fund  had 
been  granted  to  tho  State  by  Congress  for  the  purpose  of  maintaining  a  college  or  seminary  of 
>.y  this  charter,  a  and  there  would  seem  to  be  no  doubt  that  the  general 

assembly  intended,  wl  •  it,  that  it  should  be  held  as  a  sacred  trust  fund  for  the 

i-t,  improvement,  and  carrying  on  a  college  of  the  cha  meter  they  were  incorporating. 

It  manifestly  wus  not  to  maintain  a  common  school  for  that  particular  neighborhood.    It  was 

intended  to  be  an  <  'tit  of  young  men  throughout  the  entire  State,  and  they 

BO  provided  by  tin-  charter;  but  th«>  trust  was  violated,  the  fund  perverted  or  squandered,  and 

or  the  general  aasembly  defeated,  and  the  benefits  intended  to  be  conferred  by  a 


ruction  in  all  the  branches  taught  in  similar  institutions  in  any  of 
i  the  Union,  or  contemplated  by  the  act  of  Congress  donating  land  to  the  several 
States  t.>  establish  agricultural  colleges."  We  fail  to  perceive  how  this  in  anywise  releases  the 
from  any  duty  in;}-.  .se<l  by  the  charter.  It  may  enlarge  their  powers,  but  surely  does 
:m.-h  Hi. -in.  That  enactment  does  not  purport  to,  nor  does  it,  release  the  corporation 
from  any  duty  imposed.  The  corporation  having  accepted  of  the  donation  and  their  charter,  it 
was  with  the  implied  agreement  that  they  would  perform,  in  good  faith,  the  duties  imposed  by 
the  chart  er.  ( >ne  of  the  duties  imposed  was  that  they  would  hold  the  lands  donated,  or  the  pro- 
ceeds of  their  sale,  for  tho  l  purpose  of  establishing,  improving,  and  carrying  on  said  college  and 
farm.'  This  was  the  tr.  but  it  has  been  abused,  the  fund  misappropriated  and  wasted, 

ami  the  hist  it  u ; ;  u  is  si).  >\vn  to  have  become  incapable  of  executing  the  trust,  in  the  future,  in 
mis  of  tho  charter.  This  being  true,  and  a  court  of  equity  having  juris- 
diction of  trusts  ami  trust  property,  it  may,  in  case  of  waste,  perversion,  or  mobility  or  indispo- 
sition of  the  trustee  to  execute  the  trust,  seize  the  property  or  fund  and  place  it  in  the  hands  of 
a  trustee  who  will  execute  the  trust. 

In  this  case  the  land  was  granted  by  the  General  Government  to  the  State,  in  trust  for  agri 
cultural  and  educational  purposes — not  for  common-school  purposes,  but  as  a  college  and 
seminary  fund  for  education  of  a  higher  character,  and  to  that  end  it  was  intrusted  to  this  cor- 
poration; and  when  the  fund  was  put  in  the  land  and  buildings  of  the  colleges,  it  did  not  lose  its 
character  of  trust  funds.  It  still  retained  that  character,  although  perverted  to  the  use  of  a 
district  school,  using  the  buildings  for  that  purpose,  and  renting  the  lands  and  appropriating 
the  rents  to  the  same  purpose.  *  *  *  There  was  also,  on  the  part  of  the  court  below  in  dis- 
missing the  bill,  most  manifest  error  in  rendering  a  decree  for  costs,  as  the  State  is  never  liable 
to  be  decreed  to  pay  costs,  and  the  attorney-general  only  acted  in  his  official  character.  The 
Attorney-General  r.  The  Illinois  Agricultural  College  etal.  (1877),  85  111. 

In  1853  the  general  assembly  of  Illinois  passed  an  act,  the  third  section  of  which  provided 
that:  All  property  described  in  this  section,  to  the  extent  herein  limited,  shall  be  exempt  from 
taxation.  That  is  to  say  (1)  all  lands  donated  for  school  purposes  and  not  sold  or  leased;  all 
public  schoolhouses  and  houses  used  exclusively  for  public  worship,  the  books  and  furniture 
therein,  and  the  grounds  attached  to  such  buildings  necessary  for  the  proper  occupancy,  use, 
and  enjoyment  of  the  same  and  not  leased,  or  otherwise  used  with  a  view  to  profit;  all  colleges, 
academies;  all  endowments  made  for  their  support;  all  buildings  connected  with  the  same  and 
all  lands  connected  with  institutions  of  learning  not  used  with  a  view  to  profit.  This  provision 


States  for  the  establishment  of  agricultural  colleges.    Private  Laws,  1867,  p.  1. 


60  EDUCATION    REPORT,  1901-1902. 

shall  not  extend  to  leasehold  estates  of  real  property  held  under  the  authority  of  any  college  or 
university  of  learning.  On  an  appeal  from  a  judgment  for  taxes  of  1870  assessed  against  lands 
belonging  to  the  board  of  trustees  of  the  Illinois  Industrial  University,  against  whom  the  board 
of  supervisors  of  Champaign  County  obtained  a  judgment  in  the  circuit  court  of  Champaign 
County, the  supreme  court  said:  "This  is  an  appeal  from  a  judgment  for  taxes  of  1870  assessed 
against  lands  belonging  to  appellants  and  conveyed  to  them  in  consideration  that  the  Indiistrial 
University  should  be  located  at  Urbana  in  this  State.  It  is  clear  that  the  title  to  these  lands  is 
in  appellants  in  trust  and  that  the  institution  and  its  property  is  under  the  control  of  the  State 
and  is  held  in  trust  for  the  State;  that  as  it  is  the  property  of  the  State  it  is  exempt  from,  taxa- 
tion. *  The  only  question,  then,  presented  by  this  record  is  whether  this  is  the  property 
of  the  State.  If  so  then  it  is  exempt  from  taxation.  To  determine  that  question  we  must  turn 
to  the  act  which  brought  this  institution  into  existence.  Congress  having  donated  a  large  amount 
of  land  scrip  to  the  State  for  the  purpose  of  founding  a  university  and  the  board  of  supervisors 
of  Champaign  County  having  offered  to  donate  a  college  edifice  and  a  large  quantity  of  land  if 
the  State  would  locate  permanently  the  Illinois  Industrial  University  at  Urbana,  in  that  county, 
the  general  assembly  on  the  28th  day  of  February,  1867,  created  a  body  corporate  to  govern  the 
fund  and  the  university.  The  trustees  were  to  be  appointed  by  the  governor  and^to  be  con- 
firmed by  the  senate.  *  *  *  They  were  required  to  permanently  locate  the  institution  at 
Urbana  and  to  provide  the  requisite  buildings,  apparatus,  and  conveniences,  to  fix  the  rates  of 
tuition,  to  appoint  the  professors,  etc.  *  *  *  The  appropriations  at  each  session  of  the  legis- 
lature might  be  referred  to  as  showing  that  the  general  assembly  regard  and  have  always 
regarded  this  as  a  State  institution.  The  fund  was  donated  to  the  State  in  the  first  place  for  the 
establishment  and  maintenance  of  an  institution  of  learning  which  this  represents,  and  we  fail 
to  find  the  slightest  indication  of  an  intention  on  the  part  of  the  State  to  part  with  either  the 
ownership  of  the  property  or  control  of  the  institution.  It  is  true  that  the  general  assembly 
nave  created  a  body  corporate  as  the  most  convenient  mode  of  controlling  the  institution,  its 
property,  and  affairs,  but  it  will  be  observed  that  the  State  retains  the  power  of  appointing  its 
trustees,  and  no  doubt  has  power  through  agents  other  than  the  trustees  to  sell  and  dispose  of 
the  property  of  the  institution,  or  they  may  at-  pleasure  amend  or  even  repeal  the  charter  as 
public  policy  or  the  interest  of  the  university  may  require.  It  will  be  observed  that  the  persons 
appointed  for  the  government  of  the  university  are  created  and  called  trustees.  They  derive 
all  their  powers  from  the  State  and  they  act  for  and  on  behalf  of  the  State,  and  the  power  which 
conferred  authority  on  them  to  act  may  withdraw  or  modify  it  at  pleasui-e.  Had  the  general 
assembly  intended  that  the  property  might  be  sold  for  any  purpose,  some  language  indicating 
such  intention  no  doubt  would  have  been  employed.  In  any  view  in  which  we  have  been  able 
to  consider  the  case  we  have  been  irresistably  impelled  to  the  conclusion  that  this  real  estate, 
although  conveyed  to  the  corporate  body,  belongs  to  and  is  under  the  entire  control  of  the  State 
when  disposed  to  exercise  the  power,  and,  being  property  of  the  State,  we  have  seen  the  consti- 
tution authorized  its  exemption  from  taxation,  and  the  general  assembly  has  exempted  it.  As 
an  irresistible  conclusion  it  follows  that  the  judgment  of  the  court  below  is  erroneous,  and  it 
must  be  reversed."  76  111.  (1875).  Other  decisions  more  or  less  applicable  are  Board  of  Educa- 
tion v.  Greenbaum  &  Sons,  39  111.  "  The  property  of  the  normal  university  is  not  the  property 
of  the  State,  but  is  the  property  of  the  'board  of  education  of  the  State  of  Illinois,'  and  the 
only  remedy  a  creditor  has  against  it  is  by  judgment  and  execution  as  in  a  case  against  an 
individual  or  other  corporation  not  of  a  municipal  character.1'  Also  71  111.,  Thomas  v.  Board  of 
Trustees  of  the  Illinois  Industrial  University  et  al.  "The  Illinois  Industrial  University  is  a 
State  institution  and  not  subject  to  the  mechanics-lien  law,"  which  is  the  converse  of  Board  of 
Education  v.  Greenbaum  in  39  111.  and  Board  of  Education  v.  Bakewell,  1£3  111.,  reaffirming  89111. 

INDIANA. 

Constitution  (1851),  Article  VIII:  SECTION  1.  Knowledge  and  learning  generally 
diffused  throughout  a  community  being  essential  to  the  preservation  of  a  free 
government,  it  shall  be  the  duty  of  the  general  assembly  to  encourage  by  all 
suitable  means,  moral,  intellectual,  scientific,  and  agricultural  improvement,  and 
to  provide  by  law  for  a  general  and  uniform  system  of  common  schools,  wherein 
tuition  shall  be  without  charge,  and  equally  to  all. 

SEC.  7.  All  trust  funds  held  by  the  State  shall  remain  inviolate  and  be  faith- 
fully and  exclusively  applied  to  the  purposes  for  which  the  trust  was  created. 

[The  following  matter  is  taken  from  the  Revised  Statutes  of  Indiana,  embracing  all  general 
laws  in  force  October  1, 1901,  by  Frank  A.  Hauer,  2  vols.,  Eochester,  N.  Y.,  1901.] 

SEC.  4662.  The  State  of  Indiana  accepts  and  claims  the  benefits  of  the  provi- 
sions of  the  acts  of  Congress  approved  July  2, 1862,  and  April  14, 1864,  and  assents 
to  all  the  conditions  and  provisions  in  said  acts  contained. 

SEC.  4663.  The  governor  of  this  State  for  the  time  being  and  [here  are  named 
four  other  persons]  and  their  successors  are  created  a  body  corporate,  under  the 
name  of  "  The  Trustees  of  the  Indiana  Agricultural  College." 

SEC.  4664.  Said  trustees  shall,  by  the  hand  of  their  treasurer,  claim  and  receive 
from  the  Secretary  of  the  Interior  the  land  scrip  to  which  this  State  is  entitled 
by  the  provisions  of  said  acts  of  Congress;  and  under  their  direction  said  treasurer 
shall  sell  the  same  in  such  manner  and  at  such  times  as  shall  be  most  advanta- 
geous to  the  State,  and  shall  invest  the  proceeds  thereof  and  any  interest  that  may 
accrue  thereon  in  the  stocks  of  the  United  States  or  of  this  State  yielding  not  less 
than  5  per  cent  per  annum  upon  the  par  value  of  the  stocks;  and  said  principal 
and  interest  shall  continue  to  be  so  invested  until  further  provision  shall  be  made 
by  the  general  assembly  of  this  State  for  fulfilling  the  requirements  of  said  acts 
of  Congress. 

SEC.  4665.  The  donation  offered  by  John  Purdue,  as  set  forth  and  communicated 
to  the  present  general  assembly  in  the  message  of  the  governor  on  the  16th  day  of 


LAWS    KELATING    TO    LAND-GRANT    COLLEGES.  61 

April,  1869,  and  the  donations  offered  by  tne  connty  of  Tippecanoe,  the  trustees 
of  the  Battle  Ground  Institute,  and  the  trustees  of  the  Battle  Ground  Institute  of 
the  Methodist  Episcopal  Church,  as  set  forth  and  communicated  to  the  general 
assembly  at  its  last  session  in  the  message  of  the  governor  of  the  27th  day  of  January, 
1869,  are  hereby  accepted  by  the  State  of  Indiana. 

SEC.  4666.  The  college  contemplated  and  provided  by  the  act  of  Congress 
approved  July  2,  1862,  is  hereby  located  in  Tippecanoe  County,  at  such  point  as 
may  be  determined  before  the  1st  day  of  January,  1870,  by  a  majority  vote  of  the 
trustees  of  the  Indiana  Agricultural  College,  and  the  faith  of  the  State  is  hereby 
pledged  that  the  location  so  made  shall  be  permanent. 

SEC.  4667.  In  consideration  of  the  said  donation  by  John  Purdue,  amounting  to 
$150,000,  and  of  the  further  donation  of  100  acres  of  land  appurtenant  to  the  insti- 
tution, and  on  condition  that  the  same  be  made  effectual,  the  said  institution, 
from  and  after  the  date  of  its  location  as  aforesaid,  shall  have  the  name  and  style 
of  "Purdue  University,"  and  the  faith  of  the  State  is  hereby  pledged  that  the 
said  name  and  style  shall  be  the  permanent  designation  of  said  institution  without 
addition  thereto  or  rnodifiation  thereof. 

Si.'1.  4668.  From  and  after  the  date  of  the  location  made  as  aforesaid,  the  corpo- 
rate name  of  the  trustees  of  the  Indiana  Agricultural  College  shall  be  "  The 
Trustees  of  Purdue  University,"  and  they  shall  take  in  charge,  have,  hold,  pos- 
sess, and  manage,  all  and  singular,  the  property  and  moneys  comprehended  in 
said  donations,  as  also  the  funds  derived  from  the  sale  of  the  land  scrip  donated 
under  said  acts  of  Congress,  and  the  increase  thereof,  and  all  moneys  or  other 
property  which  may  hereafter  at  any  time  be  donated  to  and  for  the  use  of  said 
institution.  They  shall  also  have  power  to  organize  said  university  in  conform- 
ity with  the  purposes  set  forth  in  said  acts  of  Congress,  holding  their  meetings  at 
such  times  and  places  as  they  may  agree  on,  a  majority  of  their  number  constitut- 
ing a  quorum.  They  shall  provide  a  seal;  have  power  to  elect  all  professors  and 
teachers,  removable  at  their  pleasure;  fix  and  regulate  compensations;  do  all  acts 
nec<-sary  and  expedient  to  put  and  keep  said  university  in  operation,  and  make 
all  by-laws,  rules,  and  regulations  required  or  proper  to  conduct  and  manage  the 
same. 

Si:<  •.  4669.  In  further  consideration  of  his  said  donation  John  Purdue  shall,  from 
and  after  the  taking  effect  of  this  act,  be  added  as  a  member  to  said  trustees  of 
the  Indiana  Agricultural  College,  and  he  shall  also  be  a  member  of  said  trustees 
of  Purdue  University.  Should  he  at  any  time  cease  to  be  such  member  he  shall 
be  continued  as  an  advisory  member  of  said  trustees;  and  he  shall,  during  his 
lifetime,  have  visitoritil  power  for  the  purpose  of  inspecting  the  property,  real  and 
personal,  of  said  university,  recommending  to  the  trustees  such  measures  as  he 
may  deem  ii"c  -sary  for  the  good  of  the  university,  and  investigating  the  finan- 
cial concerns  of  the  corporation.  And  he  is  authorized  to  make  report  of  his 
examination,  inspection,  and  inquiries  to  the  general  assembly  at  any  session 
thereof. 

SKC.  4670.  This  act  shall  be  subject  to  future  amendment  or  repeal,  except  so 
far  as  it  provides  for  the  acceptance  of  donations,  the  location  of  the  college,  the 
name  and  style  thereof,  and  the  rights  and  privileges  conferred  upon  John  Purdue. 

Si c.  4(571.  On  the  1st  day  of  July,  1895,  it  shall  be  the  duty  of  the  governor  of 
this  State  to  appoint  nine  trustees  for  the  Purdue  University,  two  of  whom  shall 
be  nominated  by  the  State  board  of  agriculture,  one  by  the  State  board  of  horti- 
culture, and  six  selected  by  the  governor  himself:  Provided,  That  no  more  than 
two  such  trustees  as  may  bo  selected  by  the  governor  himself  shall  be  appointed 
from  any  one  Congressional  district:  And  also  provided,  That  the  first  board  so 
appointed  shall  include  the  three  persons  who  at  that  time  are  the  last  nominees 
of  the  State  board  of  agriculture  and  the  State  board  of  horticulture:  And  also 
provided,  That  the  board  of  trustees  now  in  office  shall  remain  in  office  and  per- 
form all  the  duties  thereof,  as  now  required  by  law,  until  their  successors  are  duly 
appointed  and  qualified,  as  provided  in  this  act. 

SEC.  4672.  The  persons  so  appointed  shall  constitute  the  board  of  trustees  of  said 
university,  and  shall  hold  their  offices  as  follows:  Three  members  of  the  first 
board  shall  hold  their  offices  for  two  years,  three  for  four  years,  and  three  for  six 
years,  and  all  until  their  successors  are  appointed;  and  at  the  expiration  of  the 
term  of  office  of  any  of  the  members  of  the  first  or  any  subsequent  board  their 
successors  shall  be  appointed  in  like  manner,  and  with  like  nomination,  and  with 
like  restrictions,  as  provided  in  this  act,  to  hold  their  offices  for  the  term  of  six 
years  and  until  their  successors  are  appointed. 

SEC.  4673.  If  from  any  cause  a  vacancy  occurs  in  said  board  the  same  shall  be 
filled  by  appointment  to  fill  the  unexpired  term,  the  person  appointed  to  fill  such 


62  EDUCATION   BEPOKT,  1901-1902. 

vacancy  being  nominated  and  appointed  in  the  same  manner  as  his  predecessor  had 
been  at  the  commencement  of  such  term. 

SEC.  4674.  Said  trustees  shall,  at  their  first  meeting  after  their  appointment,  and 
every  two  years  thereafter,  choose  a  president  of  said  board,  and  they  shall  at  such 
meeting  and  every  two  years  thereafter,  and  whenever  a  vacancy  occurs,  elect  by 
ballot  a  secretary  and  a  treasurer,  neither  of  whom  shall  be  a  member  of  the  board, 
whose  compensation  shall  be  fixed  by  the  trustees.  The  said  treasurer  shall  give 
such  bond  to  the  State  of  Indiana,  in  any  sum  not  less  than  $dO,000,  for  the  faith- 
ful execution  of  his  trust,  with  sufficient  sureties,  as  said  trustees  may  require; 
and  he  shall  receive,  take  charge  of,  and,  under  the  direction  of  said  trustees, 
manage  all  stocks  and  funds  belonging  to  said  university. 

SEC.  4675.  The  board  of  commissioners  of  each  county  in  this  State  may  appoint, 
in  such  manner  as  it  may  choose,  two  students  or  scholars  to  Purdue  University, 
who  shall  be  entitled  to  enter,  remain,  and  receive  instruction  in  the  same  upon 
the  same  conditions,  qualifications,  and  regulations  prescribed  for  other  appli- 
cants for  admission  to  or  scholars  in  said  university:  Provided,  however,  That 
every  student  admitted  to  said  university  by  appointment  by  virtue  of  this  act 
shall  in  no  wise  be  chargeable  for  room,  light,  heat,  water,  tuition,  janitor,  or 
matriculation  fees;  and  said  student  shall  be  entitled,  in  the  order  of  admittance, 
to  any  room  in  the  university  then  vacant  and  designed  for  the  habitation  or 
occupancy  of  a  student,  and  such  student  so  admitted  shall  have  prior  right  to 
such  room,  subject  to  the  rules  of  the  university,  over  any  student  not  appointed 
and  admitted  as  aforesaid. 

SEC.  4676.  No  more  than  two  students  at  the  same  time  from  any  one  county 
shall  be  entitled  to  admittance  to  said  university  under  the  provisions  of  this  act. 
But  the  board  of  commissioners  of  each  county  may,  from  time  to  time,  appoint, 
as  aforesaid,  to  any  vacancy  in  its  appointments. 

SEC.  4677.  The  trustees  of  Purdue  University,  by  their  treasurer,  are  hereby 
authorized  on  or  after  the  1st  day  of  April,  1881 ,  to  surrender  to  the  treasurer  of  the 
State  the  bond  executed  to  said  university  by  the  State  of  Indiana  bearing  date 
April  1, 1878,  and  payable  in  the  sum  of  $300,000  on  April  1,  1881,  and  a  like  bond 
executed  by  the  State  to  said  university  dated  April  1,  1879,  and  payable  in  the 
sum  of  $125,000  on  April  1, 1884;  and  also  to  payout  of  the  proceeds  of  the  United 
States  5  per  cent  bonds  now  held  by  the  university  (which  said  trustees  are  hereby 
empowered  to  sell)  the  sum  of  $15,000  to  said  treasurer  of  State,  who  thereupon 
is  hereby  directed  to  issue  and  deliver  to  said  treasurer  of  Purdue  University  a 
nonnegotiable  bond  of  the  State  of  Indiana,  to  be  signed  by  the  governor  and  State 
treasurer  and  attested  by  the  secretary  of  state  and  the  State  seal  (the  same  to  be 
dated  April  1,  1881,  and  payable  twenty  years  after  its  date  to  the  trustees  of 
Purdue  University  and  their  successors,  with  interest  at  the  rate  of  5  per  cent  per 
annum,  payable  quarterly  after  date  of  the  bond),  all  for  the  use  of  Purdue  Uni- 
versity— said  bonds  surrendered  and  $15,000  paid  constituting  the  endowment 
fund  of  said  university  derived  from  the  gift  of  the  United  States. 

SEC.  4677b.  The  trustees  of  Purdue  University  are  hereby  empowered  to  dedi- 
cate for  public  streets  such  strips  of  land  extending  through  or  along  the  grounds 
owned  by  said  university  as  they  may  deem  for  the  best  interest  of  said  university. 

SEC.  4677c.  Whenever  any  individual  or  individuals  shall  give,  donate,  or 
bequeath  a  sum  of  money  or  other  valuable  property  for  the  purpose  of  establish- 
ing an  institute  of  technology  or  other  special  schools  in  connection  with  Purdue 
University  in  and  on  the  grounds  of  said  university,  the  trustees  of  said  university 
are  hereby  authorized  and  empowered  to  accept  such  donation,  gifts,  or  bequest 
for  and  on  behalf  of  the  State  of  Indiana  for  such  institute  on  such  terms  as  may 
be  agreed  upon  by  and  between  such  trustees  and  said  donor  or  donors  or  devisor; 
and  the  said  trustees  are  hereby  authorized  to  establish,  maintain,  and  operate 
such  an  institute  in  connection  with  Purdue  University:  Provided,  That  such 
institute  of  technology  shall  be  freely  open  to  students  upon  the  same  terms  upon 
which  Purdue  University  is  open  to  students:  And  provided,  That  nothing  in 
this  act  shall  enable  or  authorize  said  trustees  to  make  any  contract  with  said 
donor  or  donors  by  which  any  debts  shall  be  created  beyond  or  above  current 
legislative  appropriations  to  the  university:  And  provided  further,  That  the 
terms  upon  which  such  donations  are  received  and  accepted  shall  not  be  effective 
unless  the  same  are  indorsed  and  approved  by  the  governor  of  the  State  of  Indiana. 

SEC.  4677g.  It  is  hereby  made  the  duty  of  the  committee  of  experimental  agri- 
culture and  horticulture  of  the  board  of  trustees,  together  with  the  faculty  of  the 
school  of  agriculture  of  Purdue  University,  to  appoint,  before  November  1  of  each 
year,  suitable  persons  to  hold  in  the  several  counties  of  this  State,  between  the  1st 
day  of  November  and  the  1st  day  of  April  of  each  year,  county  institutes  for  the 


LAWS    KELATING    TO    LAND-GRANT    COLLEGES.  63 

purpose  of  giving  to  fanners  and  others  interested  therein  instruction  in  agricul- 
ture, horticulture,  agricultural  chemistry,  and  economic  entomology. 

.  467?h.  Such  institutes  shall  be  held  at  such  times  and  places  as  said  com- 
mittee and  faculty  may  determine,  and  under  such  rules,  regulations,  and  meth- 
ods of  instruction  AS  they  may  prescribe:  Provided,  Jwiccrer,  That  such  institutes 
shall  be  so  conducted  as  to  give  those  attending  the  results  of  the  latests  investi- 
gations in  theoretical  and  practical  agriculture  and  horticulture. 

SEC.  4C??i  [sec.  4677g  above].  For  the  purpose  of  carrying  out  the  provisions 
of  this  act,  paying  the  salaries  of  instructors  and  other  necessary  expenses,  the 
sum  of  $10,00(Hs  hereby  appropriated,  to  be  expended  under  the  direction  of  the 
said  committee  of  said  board  of  trustees,  and  they  shall  ammally  report  such 
expenditures  and  the  purposes  thereof  to  the  governor. 

! .  Before  any  commercial  fertilizer  is  sold  or  offered  for  sale  in  the  State 
of  Indiana  the  manufacturer,  dealer,  importer,  agent,  or  party  who  causes  it  to 
be  sold  or  offered  for  sale,  by  sample  or  otherwise,  within  the  State  of  Indiana, 
shall  file  with  the  State  chemist  of  Indiana  a  statement  that  he  desires  to  offer 
for  sale  in  Indiana  material  for  manurial  purposes,  and  also  a  certificate  for  regis- 
tration stating  the  name  of  the  manufacturer,  the  location  of  the  principal  office 
of  the  manufacturer,  the  name  under  which  the  fertilizer  will  be  sold,  the  names 
of  the  towns  in  Indiana  in  which  it  will  be  offered  for  sale,  and  the  minimum  per- 
centage of  nitrogen,  of  potassium  oxide  (K,O)  soluble  in  water,  of  phosphoric 
acid  (P..O,,) ,  f»nd in  the  case  of  acidulated  goods  the  minimum  percentage  of  water, 
soluble 'and  reverted  phosphoric  acid,  and  of  insoluble  phosphoric  acid  which 
the  manufacturer  or  party  offering  the  fertilizer  for  sale  guarantees  the  fertilizer 
to  contain. 

.  4898.  The  professor  of  agricultural  chemistry  at  Purdue  University  is 
hereby  constituted  the  State  chemist  of  Indiana,  and  it  shall  be  his  duty  to  com- 
ply with  the  provisions  of  this  act  so  far  as  they  relate  to  him.  The 

chemist  is  hereby  empowered  to  prescribe  and  enforce  such  rules  a*d  regu- 
lations as  he  i:  -sury  to  carry  into  effect  the  full  intent  and  meaning 
of  this  act. 

La^.v  9  1.  There  shall  be  assessed  and  levied  upon  the  taxable 

property  of  the  State  of  Indiana  in  the  year  1895  and  in  each  year  thereafter  a  tax 
of  one-twentieth  of  a  mill  for  the  use  of  Purdue  University.     (March  8, 1895.) 

[In  a  ciisr-  diM-id»-«*by  th«-  supreme  •-.  .urt  of  Indiana  in  1882,  known  as  "The  State  exrel.  Stallard 
r.  \Vhit.-  <•!  ai.  '  (the  faculty  of  Pi  Jnd.,  the  court  expressed  itself  in  these 

••Purdue  Univcrsiu  s  no  part  of  our  system  of  common  schools, ana  has  no 

.  with  that  system;  but  it  is  an  institution  of  learning  primarily  endowed  by 
(1  continued  in  existence  very  largely  by  appropriations  made  by  the  general 
bly  »f  tliis  State.    It  is,  therefore,  an  educational  institution  sustaining  relations  to  the 
•  hose  occupied  by  other  public  schools  and  colleges  of  the  State,  main- 
1.1  ic  c.\i>'Mise.  and  one  in  wnich  all  the  inhabitants  of  the  State  have  a  common  inter- 
underlying  the  educational  system  of  the  State  are,  consequently, 

applicable  ;  ;  nment  and  control  of  Purdue  University,  and  in  the  absence  of  express 

nist  1....  invoked  in  determining  the  powers  which  that  institution  may 

•a  of  the  act  establishing  Purdue  University    *    *    *    confers  no 

i-  power  on  the  trustees  of  Purdue  University,  as  regards  making  rules  and  regulations 
for  its  conduct  and  management,  than  is  usually  conferred  upon  like  officers  of  similar  institu- 


!:d  li-avi  sthe  qi  •  •  who  are  entitled  to  admission  as  students  in  that  university 

to  1>e  determined  by  the  principles  underlying  our  general  system  of  education,  to  which  refer- 
been  made.    The  admission  of  students  in  a  public  educational  institution  is 


at  and  enntrol  of  students  after  they  are  admitted,  and  have  become 
subject  to  tho  Jurisdiction  of  th«-  institution,  is  quite  another  thing.  The  first  rests  upon  well- 
established  rules,  either  prescribed  by  law  or  sanctioned  by  usage,  from  which  the  right  to 
admission  is  to  be  determined.  The  latter  rests  largely  in  the  discretion  of  the  officers  in  charge, 
the  regulations  prescribed  for  that  purpose  being  subject  to  modification  or  change  from  time 
to  time  n.s  supposed  emergencies  may  arise.  Having  in  view  the  various  statutes  in  force  in  this 
State  touching  educational  affairs,  and  the  decisions  of  this  court  as  well  as  of  other  courts 
bearing  on  the  general  subject,  we  think  it  may  be  safely  said  that  every  inhabitant  of  this 
State,  of  suitable  age  and  attainments,  and  of  reasonably  good  moral  character,  not  afflicted 
with  any  contagious  or  loathsome  disease,  and  not  incapacitated  by  some  mental  or  physical 
infirmity  is  entitled  to  admission  as  a  student  in  the  Purdue  University.  *  *  *  [But]  every 
student  upon  his  admission  into  an  institution  of  learning  impliedly  promises  to  submit  to  and 
to  be  governed  by  all  the  necessary  and  proper  rules  and  regulations  which  had  been  or  may 
ther.-at'ter  be  adopted  for  the  government  of  the  institution,  and  the  exaction  of  any  pledge  or 
condition  which  requires  him  to  promise  more  than  that  operates  as  a  practical  abridgment  of 
his  right  of  admission,  and  involves  the  exercise  of  a  power  greater  than  has  been  conferred 
upon  either  the  trustees  or  the  faculty  of  Purdue  University.  Regulations  adopted  by  persons 
in  charge  of  a  school  are  analogous  to  by-laws  enacted  by  municipal  and  other  corporations, 
and  both  will  be  annulled  by  the  courts  when  found  to  be  unauthorized,  against  common  right, 
or  palpably  unreasonable,  'in  the  first  place  the  pledge  tendered  by  the  president  to  Hawley 
[in  regard  to  disconnecting  himself  from  a 'Greek  fraternity']  was  not  shown  to  have  been 
authorized  by  any  previous  general  regulation  adopted  for  the  government  of  the  university. 
As  applicable  to  Hawloy  it  was  therefore  special,  exceptional,  and  apparently  not  demanded 
by  any  competent  authority.  In  the  next  place  it  carried  with  it  tne  implication  that  member- 
ship in  the  Sigma  Chi  fraternity  might  properly  be  treated  as  a  disqualification  for  admission  as  a 
student  in  the  university,  a  doctrine  wholly  inadmissible  in  its  application  to  Purdue  Univer- 
sity, or  to  any  of  the  other  public  schools  or  colleges  of  the  State.  If  mere  membership  in  any 


64  EDUCATION   REPORT,  1901-1902. 

of  the  so-called  Greek  fraternities  may  bo  treated  ns  a  disqualification  for  admission  as  a  student 
in  a  public  school,  then  membership  in  any  other,  secret  or  similar  society  may  be  converted  into 
alike  disqualification,  "and  in  this  way  discriminations  might  be  made  against  large  classes  of 
the  inhabitants  of  the  State,  in  utter  disregard  of  the  fundamental  ideas  upon  which  our  entire 
educational  system  is  based.  At  the  request  of  the  parties  we  have  considered  this  case  upon 
the  theory  that  the  regulation  imposing  disabilities  on  persons  already  members  of  the  Greek 
fraternities  was  adopted  by  the  express  authority  of  the  trustees,  and  our  conclusion  is  that  so 
much  of  the  regulation  No.  3  adopted  by  the  faculty  as  may  be  construed  to  impose  disabilities 
on  persons  already  members  of  the  Greek  fraternities,  and  as  requires  a  written  pledge  as  a 
condition  of  admission,  is  both  ultra  vires  and  palpably  unreasonable,  and  hence  inoperative  and 
void,  and  that  the  pledge  tendered  to  Hawley  was  one  which  the  faculty  had  no  legal  right  to 
demand  as  a  condition  of  his  admission. 

In  the  case  of  Marks,  treasurer  of  Tippecanoe  County,  v.  The  Trustees  of  the  Purdue  Uni- 
versity, it  was  decided  that  the^location  of  a  State  educational  institution  within  the  bounda- 
ries of  a  minor  civil  division  or  jurisdiction  of  a  State  is  a  sufficient  consideration  for  a  grant  of 
money  by  that  minor  civil  division.  '  Two  objections  are  made,'  said  the  court,  '  to  the  action 
of  the  board  of  county  commissioners,  (1)  that  it  requires  local  taxation  for  a  State  purpose, 
and  (2)  that  it  is  a  special  law  and  not  of  uniform  operation.  The  sole  object  and  purpose  of  the 

*    *    *    It  does  not 
to  aid  in  the  erec- 

„.  .     „.  .  in  tain.    It  may  be 

conceded  that  the  college  or  university  is  a  State  institution,  and  the  question  arises  whether 
taxes  may  be  assessed  in  a  county  to  liquidate  a  debt  contracted  by  the  county  in  securing  the 
location  of  -such  State  institution  in  the  county;  for  if  not,  the  debt  can  not  be  valid.  *  *  * 
While  the  university  is  a  State  institution,  and  every  citizen  will  have  an  equal  right  under 
the  same  circumstances  to  avail  himself  of  its  privileges,  still  the  location  of  it  in  a  given 
county  will  doubtless  confer  upon  that  county  many  local  benefits  of  pecuniary  value.  The 
parents  of  the  county  can  send  their  sons  and  perhaps  their  daughters  to  the  college  to  be  edu- 
cated at  a  less  expenditure  of  time  and  money  than  would  be  incurred  if  it  were  situated  at  a 
more  remote  point  in  the  State.  The  college,  with  its  professors,  tutors,  attendants,  and  stu- 
dents, will  probably  diffuse  much  more  money  throughout  the  community  than  would  other- 
wise circulate.  It  may  also  add  to  the  educated  and  intelligent  population  of  the  place,  and  be 
the  means  of  stimulating  the  industry  and  increasing  the  wealth  and  moral  worth  of  the  com- 
munity, thereby  enhancing  the  attractions  of  society  and  the  value  of  property.  *  *  *  The 
fact  that  the  college  is  a  State  institution  can  not  change  the  character  or  nature  of  the  obliga- 
tion entered  into  by  the  county.  Railroads  are  in  some  sense  State  institutions,  and  yet  local 
subscriptions  by  counties  and  cities  are  upheld.  Highways  and  streets  are  State  institutions,  to 
the  proper  use  and  enjoyment  of  which  all  citizens  have  an  equal  right;  yet  local  taxation  to 
improve  and  keep  them  in  order  is  constantly  maintained.  The  taxation  being  merely  for  a 
county  purpose,  the  provisions  of  section  1  of  article  10  are  complied  with  if  taxes  are  uniform 
throughout  the  county.  It  remains  to  inquire  whether  the  law  in  question  is  objectionable  as 
"being  local  or  special  when  a  general  law  could  have  been  made  applicable;  or  in  other  words 
whether  it  violates  section  22  of  article  24  of  the  constitution.  The  subject  of  the  law  was  local, 
and  where  such  is  the  case  the  objection  can  not  prevail.  The  college  could  have  but  one  loca- 
tion, and  but  one  county^could  have  actually  made"  a  donation  on  condition  of  its  location  therein, 
as  the  condition  could  only  have  been  performed  as  to  one  county.  *  *  *  Thus  there  are  laws 
creating  criminal  courts  in  particular  counties.  *  *  *  There  can  be  no  doubt  on  general  prin- 
ciples that  the  location  of  the  college  in  Tippecanoe  County  was  a  sufficient  consideration  to 
support  the  promise  on  the  part  of  the  county.  The  offer  on  the  part  of  the  county  and  its 
acceptance  by  the  legislature,  together  with  the  location  of  the  college  in  Tippecanoe  County, 
constituted  a  valid  and  binding  contract.' "] 

IOWA. 

Constitution  (1857),  Article  9.  SECTION  1.  The  educational  and  school  fund 
and  lands  shall  be  under  the  control  and  management  of  the  general  assembly  of 
this  State. 

SEC.  3.  The  general  assembly  shall  encourage  by  all  suitable  means  the  pro- 
motion of  intellectual,  scientific,  moral,  and  agricultural  improvement. 

[The  following  matter  is  taken  from  the  "Annotated  Code  of  the  State  of  Iowa,  containing  all 
the  laws  of  a  general  nature  enacted  by  the  twenty-sixth  general  assembly  at  the  extra  session 
which  adjourned  July  2, 1897,  published  by  the  authority  of  the  State.  Des  Moines,  189?.] 

SEC.  2645.  Legislative  assent  is  given  to  the  purposes  of  the  various  Congres- 
sional grants  to  the  State  for  the  endowment  and  support  of  a  college  of  agri- 
culture and  mechanic  arts,  and  an  agricultural  experiment  station  as  a  department 
thereof,  upon  the  terms,  conditions,  and  restrictions  contained  in  all  acts  of  Con- 
gress relating  thereto,  and  the  State  assumes  the  duties,  obligations,  and  respon- 
sibilities thereby  imposed.  All  moneys  appropriated  by  the  State  because  of  the 
obligations  thus  assumed,  and  all  funds  arising  from  said  Congressional  grants 
shall  be  invested  or  expended  in  accordance  with  the  provision  of  such  grant,  for 
the  use  and  support  of  said  college  located  at  Ames. 

SEC.  2646.  [Amended  by  ch.  76,  acts  of  1898,  q.  v.]  The  college  shall  be  under 
the  management  and  control  of  a  board  of  trustees,  but  neither  the  president  nor 
other  officer  or  employee  of  the  college  and  farm  [at  Ames]  shall  be  eligible  to 
membership  therein. 

SEC.  2647.  The  board  of  trustees  shall  have  power:  (1)  To  elect  a  chairman  from 
their  number,  a  president  of  the  college,  a  secretary,  a  treasurer,  professors  and 
other  teachers,  superintendents  of  departments,  steward,  librarian,  and  such  other 
officers  as  may  be  required  for  the  transaction  of  its  business,  fix  the  salaries  of 
officers  and  prescribe  their  duties,  and  appoint  substitutes  who  shall  discharge 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  65 

the  duties  of  snch  officers  in  their  absence;  (2)  to  manage  and  control  the  property 
of  the  college  and  farm,  whether  real  or  personal;  (3)  to  arrange  courses  of  study 
and  practice,  and  to  establish  such  professorships  as  may  seem  best  to  carry  into 
effect  the  provisions  of  this  chapter,  and  prescribe  conditions  of  admission  to  the 
college;  (4)  to  grant  diplomas  on  the  recommendation  of  the  faculty  to  any  stu- 
dents who  have  completed  any  of  the  courses  of  study  prescribed  by  it  or  an 
equivalent  thereof;  (5)  to  remove  any  officer  by  a  majority  vote  of  all  its  mem- 
bers; (6)  to  direct  the  expenditure  of  all  the  appropriations  the  general  assembly 
shall  from  time  to  time  make  to  said  college  and  farm,  and  the  income  arising 
from  the  Congressional  grants  and  all  other  sources;  (9)  to  keep  a  full  and  com- 
plete record  of  their  proceedings,  and  to  do  such  other  acts  as  are  necessary  to 
carry  out  the  intent  and  meaning  of  this  chapter. 

SEC.  2648.  There  shall  be  adopted  and  taught  practical  courses  of  study,  embrac- 
ing in  their  leading  branches  such  as  relate  to  agriculture  and  the  mechanic  arts, 
and  such  other  branches  as  are  best  calculated  to  thoroughly  educate  the  agricul- 
tural and  industrial  classes  in  the  several  pursuits  and  professions  of  life,  includ- 
ing military  tactics,  and  as  a  separate  department,  a  school  of  mines,  in  which  a 
complete  course  in  theoretical  and  practical  mining  in  its  different  branches  shall 
be  taught. 

SEC.  2640.  Tuition  in  the  college  herein  established  shall  be  forever  free  to 
pupils  from  the  State  over  16  years  of  age  who  have  been  residents  of  the  State  six 
months  previous  to  their  admission.  Each  county  in  this  State  shall  have  a  prior 
right  to  tuition  for  three  scholars  from  such  county,  the  remainder,  equal  to  the 
capacity  of  the  college,  shall  be  by  the  trustees  distributed  among  the  counties  in 
proportion  to  the  population  subject  to  the  above  rule. 

SKC.  2650.  Animal  meetings  of  the  board  of  trustees  shall  be  held  at  the  college 
on  the  second  Wednesday  following  the  first  Monday  of  November.  The  college 
year  shall  begin  on  the  following  Thursday  and  end  on  the  second  Wednesday 
after  the  first  Monday  of  November  of  the  following  year. 

SEC'.  2651.  The  president  shall  manage  and  control  the  affairs  of  the  college  and 
farm,  subject  to  such  rules  as  may  be  prescribed  by  the  board  of  trustees,  and 
shall  report  to  it  at  its  annual  meeting  and  at  such  other  times  as  it  directs  all  his 
acts  as  such  president  and  the  condition  of  the  several  departments,  with  his 
recommendations  for  the  future  management  thereof. 

SEC.  2652.  The  secretary  shall  keep  a  record  of  the  proceedings  of  the  board, 
and  all  documents  and  papers  connected  with  the  office,  and  conduct  the  corre- 
spondence. All  acts  of  the  board  relating  to  the  management,  disposition,  or  use 
of  the  lands,  funds .  or  other  property  of  the  institution  shall  be  entered  of  record 
and  show  how  each  member  voted  upon  each  proposition.  He  shall  also  prepare 
the  biennial  report  of  the  board  to  the  governor,  and  report  to  the  executive  council 
annually  and  at  such  other  times  as  may  be  required  by  it  all  loans  made  since- 
his  last  report  to  it;  and  also,  to  the  board,  all  loans  made  since  its  last  meeting, 
unless  otherwise  ordered ;  but  such  reports  must  be  made  at  least  quarterly.  Upon 
the  election  of  any  person  to  any  office  under  the  board,  he  shall  give  notice  thereof 
to  the  secretary  of  state.  He  shall  also  keep  an  account  with  the  treasurer,  charg- 
ing him  with  all  money  paid  him  and  crediting  him  with  the  amounts  paid  upon 
the  order  of  the  board  of  audit,  which  account  shall  be  balanced  monthly. 
%  SEC.  2653.  The  president  and  secretary  shall  constitute  an  auditing  committee 
which,  subject  to  the  rules  of  the  board  of  trustees,  shall  examine  and  audit  all 
bills  presented  for  payment  for  which  an  appropriation  has  been  made,  and  a 
minute  of  such  auditing  shall  be  indorsed  upon  each  bill  and  signed  by  both  mem- 
bers of  such  committee.  No  bill  shall  be  paid  without  such  joint  indorsement, 
unless  allowed  by  the  board.  It  shall  examine  the  treasurer's  books  and  vouchers 
monthly,  and  at  such  other  times  as  it  shall  consider  necessary,  and  all  its  pro- 
ceedings shall  be  reported  by  the  secretary  to  the  board  at  its  next  meeting. 

SEC.  2654.  The  treasurer  shall  receive  and  keep  all  notes  and  other  evidence  of 
indebtedness,  contracts,  and  money  arising  from  the  income  of  the  Congressional 
grant,  appropriations  of  the  general  assembly,  sales  of  the  products  of  the  farmr 
payments  by  students,  and  all  other  sources,  and  pay  out  the  same  upon  bills  for 
which  appropriation  has  been  made  when  audited  as  above  prescribed,  and  retain 
such  bills  with  receipt  for  their  payment  as  his  vouchers.  He  shall  keep  an 
accurate  account  of  the  revenue  and  expenditures  of  the  college  from  all  sources, 
so  that  the  receipts  and  disbursements  of  each  of  its  several  departments  shall  be 
apparent  at  all  times,  and  report  to  the  board  of  trustees  at  their  annual  meeting 
and  at  such  other  times  as  they  shall  direct.  He  shall  also  execute  duplicate 
receipts  of  all  money  received  by  him,  specif ying  the  source  and  the  fund  to  which 

ED  1902 5 


66  EDUCATION    EEPOET,  1901-1902. 

it  belongs,  one  of  which  must  be  filed  with,  the  secretary,  and  no  receipt  shall  be 
valid  unless  the  duplicate  is  so  filed.  He  shall  be  elected  annually,  and  give  bond  in 
double  the  highest  amount  of  money  likely  to  be  in  his  hands  at  any  one  time, 
which  bond  shall  be  filed  with  the  secretary  of  state.  He  may  appoint  a  deputy, 
who  shall  receive  such  compensation  as  the  board  of  trustees  shall  fix,  and  for 
whose  acts  he  shall  be  responsible  on  his  official  bond. 

SEC.  2655.  The  president  and  secretary  shall  have  their  offices  in,  and  the  deputy 
treasurer  shall  reside  at,  the  college. 

SEC.  2656.  The  board  of  trustees  may  sell  the  lands  granted  to  the  State  by  act 
of  Congress  and  any  lands  acquired  by  purchase  or  otherwise  for  cash  or  upon  a 
partial  credit,  not  exceeding  ten  years,  at  such  price  as  shall  be  fixed  by  the 
board,  deferred  payments  to  draw  interest  at  the  rate  of  8  per  cent  per  annum, 
payable  annually  in  advance.  Upon  a  failure  to  pay  the  annual  interest  or  prin- 
cipal within  sixty  days  after  it  becomes  due  and  sixty  days  after  notice  thereof 
shall  have  been  given  in  writing,  by  mail  or  otherwise,  by  the  board  or  the  land 
agent  of  the  college  to  the  holder  of  the  lease,  such  holder  shall  forfeit  all  claim 
to  said  land  and  the  improvements  made  thereon  and  all  sums  paid  on  said  con- 
tract, unless  an  extension  of  time  has  been  or  is  granted  by  said  board. 

[A  case,  in  which  was  called  in  question  the  right  of  the  legislature  to  empower  the  corpora- 
tion it  had  created  to  carry  out  the  purpose  of  the  act  of  July  2,  1862,  to  act  as  a  business  agent 
in  ssllingtlie  lands  given  by  the  act,  was  decided  by  the  supreme  court  of  Iowa  in  1870.  (28  Iowa, 
p.  500.)  The  court  said:  "In  accordance  with  an  act  of  the  legislature  the  trustees  of  the  agri- 
cultiiral  college  leased  a  tract  of  college  land  to  plaintiff,  with  the  privilege  to  plaintiff  of  pur- 
chasing the  land  at  a  stipulated  price  at  the  end  of  the  term;  and  he  made  the  advance  payment 
required  by  the  law,  which  law  authorized  the  trustees  to  insert  a  clause  of  forfeiture  in  the 
lease,  which  was  inserted,  stipulating  that  the  trustees  could  declare  the  contract  forfeited  if  a 
payment  of  rent  or  of  interest  should  be  in  arrears  for  sixty  days.  The  plaintiff  failed  to  pay  as 
stipulated  for  sixty  days,  and  the  trustees  then  declared  the  contract  forfeited  and  sold  the  land 
to  one  Connor.  The  plaintiff,  Smith,  after  forfeiture  and  sale,  tenders  the  rent  or  interest  in 
arrears  and  asks  that  the  lease  and  sale  to  Connor  be  set  aside.  The  only  question  that  can  bo 
raised  in  this  case  is  the  power  of  the  legislature  to  authorize  a  contract  as  above  stated.  The 
land  belonging  to  the  State,  the  legislature  could  fix  and  enforce  the  terms  and  conditions  of  a 
sale."  In  6^ Iowa  there  is  a  case  (Chicago,  Milwaukee  and  St.  Paul  Railway  Company  v.  Bean), 
where  the  "Iowa  Agricultural  College  and  its  lessees"  were  made  parties  (and  are  affirmed  as 
parties  by  the  supreme  court)  to  condemnation  proceedings  by  the  railroad  corporation.  There 
is  still  another  decision  indirectly  affirming  the  case  in  28  Iowa.  The  syllabus,  as  far  as  it  regards 
the  agricultural  college,  reads:  "Although  agricultural  college  lands  are  required  to  be  sold  on 
time,  in  order  to  provide  a  fund  for  the  college  arising  from  the  interest  on  the  purchase  price, 
the  college  may  nevertheless  receive  the  principal,  with  a  bonus,  when  its  interests  will  be  pro- 
moted thereby;  and  where  it  does  receive  the  principal,  it  will  be  presumed  that  its  officers  have 
acted  rightly  for  the  best  interests  of  the  college.1.'] 

SEC.  2657.  It  may  lease  such  lands  for  a  term  not  exceeding  ten  years,  at  an 
annual  rental  equal  to  8  per  cent  per  annum  upon  the  appraised  value  of  the 
tract,  payable  annually  in  advance,  granting  lessee,  his  heirs,  or  assigns,  the 
privilege  of  purchasing,  at  the  expiration  of  the  lease,  at  the  appraised  value 
stated  therein,  or  it  may  lease  said  lands  without  granting  the  privilege  of  pur- 
chase. A  lessee  failing  to  pay  the  annual  rent  or  interest  within  sixty  days  after 
it  becomes  due  and  sixty  days  after  notice  thereof  shall  have  been  gi vert-in  writing, 
by  mail  or  otherwise,  by  the  board  or  the  land  agent  of  the  college  to  the  holder 
of  the  lease,  shall  forfeit  the  same,  with  the  interest  paid  thereon  and  all  improve- 
ments made. 

SEC.  2658.  It  may,  at  its  option,  cause  to  be  received  the  purchase  price  of  the 
land  sold  or  leased,  before  the  same  becomes  due,  upon  such  terms  and  condi- 
tions of  payment  as  it  may  regard  for  the  best  interests  of  the  institution,  and 
may  renew  leases  as  they  expire. 

SEC.  2659.  After  any  leasehold  interest  has  been  sold  for  delinquent  taxes,  the 
holder  of  the  tax-sale  certificate  may  pay  any  interest  or  principal  due  by  the 
terms  of  the  lease,  or  do  any  other  act  necessary  to  prevent  a  forfeiture  of  the  lease, 
and  the  proper  voucher  for  such  payment  shall  be  filed  with  the  auditor  of  the 
county  where  the  land  is  situated. 

SEC.  2660.  Where  any  leasehold  interest  has  been  sold  for  delinquent  taxes  and 
a  treasurer's  deed  issued  thereon,  the  grantee  therein,  his  heirs,  or  assigns,  shall 
be  entitled  to  purchase  the  land  so  conveyed,  at  the  price  and  on  the  terms  speci- 
fied in  the  lease,  and  receive  a  patent  therefor.  If  such  lease  expires  before  the 
holder  of  the  tax-sale  certificate  will  be  entitled  to  a  treasurer's  deed,  such  certifi- 
cate holder  may  pay  the  amount  required  by  the  terms  thereof  to  acquire  the 
title  thereto  and  receive  a  conveyance  of  the  same. 

SEC.  2661.  The  right  of  the  tax-sale  purchaser  or  his  assigns  to  pay  any  amount 
due  by  virtue  of  any  lease  shall  be  shown  by  a  copy  of  the  certificate  of  tax  sale 
or  treasurer's  deed  thereunder,  duly  certified  by  the  officer  executing  the  same, 
and  if  no  tax  deed  has  been  issued  the  auditor  shall  certify  that  redemption  from 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  67 

the  sale  has  not  been  made.     Such  copy  and  certificate  shall  be  filed  with  the  seo- 
retary  of  the  board  of  trustees  and  become  a  part  of  the  records  of  his  office. 

SEC.  2662.  The  board  of  trustees  shall  certify  to  the  auditor  of  each  county  in 
which  leased  college  lands  are  situated,  on  or  before  the  5th  day  of  January  of 
each  year,  a  list  thereof  subject  to  taxation,  with  the  name  of  each  lessee,  the  date 
and  terms  of  each  lease,  the  amounts  to  be  paid  thereon,  and  the  dates  of  payment. 

SEO.  2663.  All  leases  and  renewals  thereof  shall  be  assignable,  and  the  owner, 
whether  holding  one  or  more  leases  or  renewals,  who  has  made  the  annual  pay- 
ments therein  required,  shall  be  entitled  to  all  the  benefits  thereof  and  have  the 
privilege  of  purchasing  the  tract  or  tracts  of  lands  as  provided  therein,  and  upon 
the  payment  of  such  purchase  money  shall  be  entitled  to  a  patent  for  the  land 
described  in  said  lease  or  leases. 

SEC.  2664.  When  a  sale  is  made  of  any  lands  the  president  shall  execute  to  the 
purchaser  a  certificate,  countersigned  by  the  secretary,  stating  the  fact  of  pur- 
chase, the  name  of  the  purchaser,  the  description  of  the  land,  and  its  fixed  value. 
Upon  payment  of  the  purchase  price  to  the  State  treasurer,  the  buyer  or  his 
assigns  will  be  entitled  to  a  patent  or  patents  therefor,  and  upon  presentation  of 
such  certificate  to  the  secretary  of  state,  with  the  receipt  of  the  treasurer  showing 
full  payment,  stating  the  amount,  he  shall  issue  to  the  purchaser,  or  his  assigns, 
one  or  more  patents  for  the  tract  or  tracts  of  land  therein  described,  signed  by 
the  governor  and  secretary  of  state,  as  other  patents  or  deeds  of  land  conveyed 
by  the  State,  which  shall  vest  in  the  purchaser  all  the  right  and  title  and  Interest 
of  the  State  and  of  said  college  therein. 

SEC.  2665.  The  principal  of  all  money  so  collected  must  be  paid  to  and  held 
by  the  treasurer  of  state,  and  shall  be  drawn  out  only  for  the  purpose  of  invest- 
ment, upon  the  order  of  the  board  of  trustees.  The  interest  or  rental  collected 
must  be  paid  at  the  end  of  each  month  to  the  treasurer  of  the  college,  and  the 
agent  collecting  the  same  must  at  the  same  time  file  with  the  secretary  of  the 
board  of  trustees  an  itemized  report  of  the  amount  collected. 

SEC.  2666.  The  board  shall  manage  and  invest  the  endowment  fund,  which 
may  be  done  in  the  bonds  of  the  United  States  or  this  State  or  in  some  other  safe 
bonds  yielding  not  less  than  5  per  cent  on  the  par  value  thereof;  but  the  proposed 
investment  shall  be  submitted  to  and  approved  by  the  executive  council  before 
being  consummated. 

SEC.  2667.  It  may  loan  said  funds  upon  approved  real  estate  security,  subject 
to  the  following  regulations:  (1)  Each  loan  shall  be  for  a  term. not  exceeding  ten 
years,  at  a  rate  of  interest  to  be  fixed  by  said  board,  not  less  than  6  per  cent  per 
annum,  payable  annually;  (2)  each  loan  shall  be  secured  by  a  mortgage  para- 
mount to  all  other  liens  upon  improved  farm  lands  in  the  State,  the  loan  not  to 
exceed  50  per  cent  of  the  cash  value  thereof,  exclusive  of  buildings;  (3)  principal 
and  interest  shall  be  payable  to  the  order  of  the  board  at  the  office  of  the  State 
treasurer,  the  notes  and  mortgages  to  provide  for  the  payment  by  the  borrower 
of  all  expenses,  attorney's  foes,  and  costs  incurred  in  collecting  the  same;  (4)  a 
register  containing  a  complete  abstract  of  each  loan,  and  showing  its  actual  con- 
dition, shall  be  kept  by  the  secretary  of  said  board,  and  be  at  all  times  open  to 
inspection.  The  attorney-general,  under  the  direction  of  the  executive  council, 
shall  prepare  the  necessary  blanks,  forms,  and  instructions  to  carry  into  effect 
the  provisions  of  this  section  and  to  keep  such  loans  secure  and  unimpaired. 
*  SEC.  2668.  Subject  to  approval  by  the  executive  council,  the  board  may  appoint 
a  financial  agent  to  negotiate  loans  in  accordance  with  the  provisions  of  this  chap- 
ter, and  take  charge  of  the  foreclosure  of  mortgages  and  collections  from  delin- 
quent debtors  to  said  fund  when  so  directed  by  it.  Such  agent  shall  hold  his 
office  during  the  pleasure  of  the  board,  and,  before  entering  upon  the  discharge 
of  his  duties,  take  the  oath  required  of  civil  officers,  and  give  bond  in  a  penal 
sum  to  be  determined,  and,  with  sureties,  to  be  approved  by  said  board,  condi- 
tioned for  the  faithful  performance  of  the  duties  of  his  agency  and  the  payment 
into  the  State  treasury  of  all  funds  which  shall  come  into  his  hands  in  connec- 
tion therewith.  Such  lx>nd  shall  be  in  a  sum  at  least  double  the  amount  of  funds 
likely  to  come  into  his  hands  at  any  time,  and  be  for  the  use  and  benefit  of  said 
college;  and  actions  for  breach  of  its  conditions  may  be  brought  in  the  name  of 
said  board. 

SEC.  2669.  The  financial  agent  shall  receive  a  compensation,  to  be  fixed  by  the 
board  of  trustees,  not  exceeding  the  sum  of  $1,200  annually,  and  $800  annually  in 
addition  for  assistants  and  subagents  and  all  necessary  expenses  connected  with 
the  discharge  of  his  duties,  to  be  paid  as  that  of  other  officers  out  of  the  treasury 
of  the  State. 

SEC.  2670.  The  foreclosure  of  any  mortgage  belonging  to  said  college  may  be 
made  in  the  name  of  the  board  of  trustees,  and  in  case  of  sale  upon  execution 


68  EDUCATION   REPOKT,  1901-1902. 

nnder  foreclosure,  the  premises  may  be  bid  off  in  the  name  of  the  college,  and  if 
a  deed  therefor  is  executed,  the  premises  shall  be  held  for  the  benefit  of  the  col- 
lege, and  such  lands  shall  be  subject  to  lease  or  sale  the  same  as  its  other  lands. 

SEC.  2671.  Money  collected  from  delinquents  shall  at  once  be  paid  into  the  State 
treasury,  the  principal  of  the  fund  to  be  there  kept  and  drawn  out  for  the  purpose 
of  investment  as  above  provided,  subject  to  such  restrictions  as  may  be  imposed 
by  the  executive  council.  The  State  treasurer  shall  .make  monthly  reports  to  the 
secretary  of  the  board  of  trustees,  showing  all  payments  of  principal  and  interest 
made,  and  remit  to  the  treasurer  of  the  college,  All  interest  in  his  hands,  as 
shown  by  such  report,  shall  be  loaned  as  other  funds  or  used  to  defray  the  expenses 
of  the  college. 

SEC.  2672.  The  board  of  trustees  may  appoint  agents  or  do  any  other  act  neces- 
sary to  carry  out  the  provisions  of  the  preceding  sections  where  no  such  authority 
has  already  been  given;  but  no  agent  shall  be  permitted  to  receive  money  until  he 
has  executed  a  bond  in  a  sum  double  the  amount  he  will  be  likely  to  receive, 
which  bond,  with  the  sureties,  shall  be  approved  by  the  board.  Such  agent  shall 
make  monthly  itemized  statements  to  the  secretary  of  the  board  of  the  amount  of 
money  received  by  him,  and  at  the  same  time  transmit  to  the  treasurer  of  the  col- 
lege all  funds  in  his  hands. 

SEC.  2673.  No  ^person  shall  open,  maintain,  or  conduct  any  shop  or  other  place 
for  the  sale  of  wine,  beer,  or  spirituous  liquors,  or  sell  the  same  at  any  place  within 
a  distance  of  3  miles  from  the  agricultural  college  and  farm:  Provided,  That  the 
same  may  be  sold  for  sacramental,  mechanical,  medical,  or  culinary  purposes;  and 
any  person  violating  the  provisions  of  this  section  shall  be  punished,  on  conviction 
by  any  court  of  competent  jurisdiction,  by  a  fine  not  exceeding  $50  for  each 
offense,  or  by  imprisonment  in  the  county  jail  for  a  term  not  exceeding  thirty 
days,  or  by  both  such  fine  and  imprisonment. 

SEC.  2609.  The  general  assembly  shall  elect  the  following  regents  and  trustees 
of  the  State  institutions,  all  of  whom  on  any  one  board  shall  not  be  of  the  same 
political  party.  *  For  the  agricultural  college,  one  trustee  from  each  Con- 

gressional district  who  shall  hold  office  for  six  years. 

SEC.  2610.  The  term  of  each  regent  and  trustee  shall  commence  on  the  1st  day 
of  May  following  the  election;  those  holding  for  a  term  of  six  years  shall  be 
divided  as  nearly  as  may  be  into  three  equal  classes,  the  terms  of  one  class  ending 
each  two  years;  those  for  four  years  into  two  classes,  the  terms  of  one  class  ending 
each  two  years. 

SEC.  2611.  If  the  term  of  any  regent  or  trustee  now  holding  office  expires  prior 
to  the  1st  day  of  May  in  the  eVen-numbered  year,  he  shall  hold  until  that  time; 
terms  of  new  regents  or  trustees  shall  commence  on  the  expiration  of  the  terms 
of  the  present  incumbents  ending  on  the  1st  day  of  May  of  the  even-numbered 
year. 

SEC.  2612.  Each  regent,  trustee,  president,  secretary,  and  treasurer  of  the  uni- 
versity, and  each  State  institution  and  all  other  officers  thereof  required  to  give 
bond,  shall,  before  entering  upon  his  duties,  take  the  oath  of  office  required  of 
civil  officers  in  the  chapter  upon  qualifications  for  office,  which  shall  be  filed  with 
the  secretary  of  state  or  indorsed  upon  his  bond. 

SEC.  2613.  Members  of  the  general  assembly  shall  be  ineligible  to  the  office  of 
regent  or  trustee  of  any  of  the  institutions  of  the  State. 

SEC.  2614.  All  requisitions  upon  the  State  treasurer  for  appropriations  made  for 
any  State  institution,  unless  otherwise  provided,  shall  be  presented  quarterly  on 
or  after  February  15,  May  15,  August  15,  and  November  15. 

SEC.  2615.  A  majority  of  the  regents  or  trustees  shall  constitute  a  quorum  and 
may  transact  any  business  properly  coming  before  them. 

SEC.  2616.  Each  board  of  regents  and  trustees,  when  organized,  may  adopt  such 
rules  for  its  regulation  and  government  and  for  the  regulation  and  government  of 
the  institution  in  its  charge,  not  inconsistent  with  law,  as  may  seem  just  and 
proper. 

SEC.  2617.  Regents  and  trustees  shall  be  allowed  $4  for  each  day  actually  and 
necessarily  engaged  in  the  performance  of  official  duties,  not  exceeding  thirty 
days  in  any  one  year,  and  mileage  at  the  same  rate  as  is  allowed  members  of  the 
general  assembly.  The  limitation  of  thirty  days  shall  not  apply  to  building  com- 
mittees, which  shall  not  consist  of  more  than  three  members,  but  such  committees 
shall  not  charge  for  or  receive  compensation  for  more  than  sixty  days  in  any  one 
year. 

SEC.  2618.  All  claims  of  members  of  boards  of  trustees  or  of  regents  for  attend- 
ance upon  meetings  of  the  board  for  time  actually  and  necessarily  spent  in  official 
duties  shall  be  itemized,  showing  the  date  of  such  service  and  the  nature  thereof, 
and  shall  be  sworn  to  by  the  claimant  and  certified  to  by  the  president  and  secre- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  69 

tary  of  the  board.     It  shall  then  be  filed  with  auditor  of  state,  who  shall  compute 
the  mileage  due  each  claimant  by  the  nearest  traveled  route  from  his  home  to  the 

Elace  of  meeting,  and  shall  enter  said  mileage  upon  the  claim,  and,  if  it  be 
3und  in  due  form  of  law,  the  auditor  shall  draw  his  warrant  upon  the  treasurer 
of  state  for  the  amount  of  said  attendance  and  mileage.  No  compensation  shall 
be  allowed  any  members  of  such  boards  except  as  provided  in  this  chapter. 

SEC.  2019.  The  secretary  of  state  shall,  upon  request,  furnish  proper  blanks 
prepared  in  accordance  with  this  chapter  for  the  purpose  of  making  claims  by 
members  of  boards  of  trustees  of  State  institutions  for  compensation. 

Ssc.  2620.  The  auditor  shall  include  in  his  reports  to  the  governor  the  amount 
paid  for  such  services  and  mileage,  and  to  whom  paid. 

SEC.  2497.  The  geological  survey  of  the  State  shall  be  under  the  direction  of  the 
geological  board,  consisting  of  the  governor,  the  auditor  of  the  State,  and  the 
presidents  of  the  agricultural  college,  the  State  university,  and  the  Iowa  Academy 
of  Sciences. 

SEC.  178.  Any  contingent  fund  set  apart  to  any  office  or  officer  to  be  expended 
for  the  State  shall .  as  used,  be  entered  in  a  proper  book  showing  when,  to  whom, 
and  for  what  purpose  it  was  devoted,  and  receipts  shall  be  taken  therefor,  pre- 
served, and  filed  wiih  the  report  hereinafter  required.  On  or  before  the  1st  day 
of  November  preceding  each  regular  session  of  the  general  assembly  the  officers 
or  persons  having  charge  of  the  fund  shall  make  report  to  the  State  auditor  in 
writing,  showing  in  detail  each  item  of  expenditure  made,  and  he  shall  not  be 
credited  with  any  sum  not  paid  out  in  the  manner  contemplated  by  the  law  mak- 
ing the  appropriation,  nor  unless  the  report  shall  be  accompanied  with  the  proper 
vouchers  and  receipts.  All  funds  not  thus  accounted  for  may  be  recovered  by 
the  State  from  the  proper  officer  or  person,  with  50  per  cent  damages  thereon, 
and  the  State  auditor  shall,  in  his  report  to  the  governor,  make  a  detailed  state- 
ment of  the  condition  of  each  appropriation  contemplated  by  this  section. 

SEC.  179.  Every  person  appointed  or  elected  a  regent,  trustee,  manager,  commis- 
sioner, or  inspector,  or  a  member  of  any  board  of  regents,  trustees,  managers, 
commissioners,  or  inspectors,  now  or  hereafter  created  or  provided  by  law  for  the 
government,  control,  management,  or  inspection  of  any  public  building,  improve- 
ment, or  institution  whatever,  owned,  controlled,  or  managed,  in  whole  or  in 
part,  by  or  under  the  aiithority  or  direction  of  this  State,  shall,  before  entering 
upon  the  discharge  of  his  duties  as  such  regent,  trustee,  manager,  commissioner, 
or  inspector,  take  and  subscribe  an  oath,  in  substance  and  form  as  follows:  "I, 
— ,  do  solemnly  swear  that  I  will  support  the  Constitution  of  the  United 
States  and  of  the  State  of  Iowa;  that  I  will  honestly  and  faithfully  discharge  the 
duties  of  [my  office]  according  to  the  laws  that  now  are,  or  that  may  hereafter  be, 
in  force  regulating  said  institutions,  and  prescribing  the  duties  of  regents,  trus- 
tees, managers,  commissioners,  or  inspectors  thereof  (as  the  case  may  be);  that  I 
will  in  all  things  conform  to  the  directions  contained  in  said  law  or  laws,  and  that 
I  \\  ill  not,  directly  or  indirectly,  as  such  regent,  trustee,  manager,  or  commissioner, 
or  inspector  (as  the  case  may  be),  make  or  enter  into,  or  consent  to,  any  contract 
or  agreement,  expressed  or  implied,  whereby  any  greater  sum  of  money  shall  be 
expended  or  agreed  to  be  expended  than  is  expressly  authorized  by  law  at  the  date 
of  such  contract  or  agreement. 

SEC.  180.  Oaths  required  by  this  chapter  shall  be  filed  in  the  office  of  the  auditor 
of  state,  and  he  shall  not  draw  any  warrant  on  the  State  treasury  for  expenditures 
made  or  directed  by  any  such  officer  until  such  oaths  are  so  filed. 

Acts  and  resolutions  of  twenty-seventh  general  assembly,  chapter  76  (1898): 
SECTION  1.  That  section  2646  of  the  code  of  Iowa  be,  and  the  same  is  hereby, 
amended  by  inserting  between  the  word  "  trustees "  and  the  word  "but,"  in  the 
second  line  of  said  section,  the  words  "of  which  the  governor  and  superintendent 
of  public  instruction  shall  be  members  by  virtue  of  office." 

SEC.  2.  That  section  2650  of  the  code  of  Iowa  be.  and  the  same  is  hereby, 
amended  by  striking  out  all  of  said  section  up  to  and  including  the  word  "year  " 
in  the  fifth  line  of  said  section,  and  inserting  therein  in  lieu  thereof  the  following: 
"Annual  meetings  of  the  board  of  trustees  shall  be  held  at  the  college  during  the 
month  of  June  of  each  year;  the  chairman  may  call  special  meetings  when  found 
expedient.  The  fiscal  college  year  shall  begin  on  the  1st  day  of  July,  and  end  on 
the  30th  day  of  June  of  each  year.  (Approved  March  28,  1898.) 

Ibid.,  chapter  135:  That  there  is  hereby  appropriated  to  the  State  College  of 
Agriculture  and  Mechanic  Arts,  out  of  any  money  sin  the  State  treasury  not  other- 
wise appropriated,  the  sum  of  $5,000,  to  be  used  for  the  purpose  of  building  a 
carpenter  shop  on  the  grounds  of  the  State  College  of  Agriculture  and  Mechanic 
Arts,  the  same  to  be  drawn  from  the  State  treasury  on  the  certificate  of  the  board 
of  trustees  of  said  college.  (Approved  April  6,  1898.) 


70  EDUCATION   EEPOBT,  1901-1902. 

Ibid.,  chapter  163:  SECTION  — .  That  the  board  of  trustees  of  the  State  College 
of  Agriculture  and  Mechanic  Arts  be,  and  are  hereby,  empowered  to  purchase  not 
to  exceed  40  acres  of  land  adjoining  the  present  college  farm,  and  to  pay  therefor 
from  the  college  endowment  fund  in  accordance  with  the  provisions  of  the  original 
national  grant. 

SEC.  — .  When  forty  or  more  farmers  of  a  county  organize  a  farmers'  county 
institute,  with  a  president,  secretary,  treasurer,  and  an  executive  committee  of 
not  less  than  three  outside  of  such  officers,  and  hold  an  institute,  remaining  in 
session  not  less  than  two  days  in  each  year,  which  institute  may  be  adjourned 
from  time  to  time  and  place  to  place  in  said  county,  the  county  auditor,  upon  proof 
of  such  organization  and  such  institute  having  been  held,  together  with  an  item- 
ized statement  showing  the  manner  in  which  the  money  herein  appropriated  has 
been  expended,  shall  certify  the  same  to  the  auditor  of  state,  who  shall  remit 
to  the  treasurer  of  such  county  his  warrant  for  not  to  exceed  $50,  and  there  is 
hereby  appropriated  out  of  the  moneys  in  the  State  treasury,  not  otherwise  appro- 
priated, a  sum  not  to  exceed  $50  annually  for  such  institute  work  in  each  county. 
No  officer  of  any  such  farmers'  institute  shall  receive,  directly  or  indirectly,  any 
compensation  from  said  State  fund  for  services  as  such  officer. 

SEC.  1676.  The  money  appropriated  and  paid  into  the  county  treasury  shall  be 
designated  as  a  farmers'  institute  fund,  and  no  warrant  shall  be  drawn  thereon, 
except  by  an  order  signed  by  a  majority  of  the  members  of  the  executive  com- 
mittee. In  case  two  or  more  organizations  shall  claim  recognition  as  farmers' 
institutes  in  any  county,  a  bill  shall  be  audited  by  the  board  of  supervisors,  who 
shall  divide  said  State  fund  as  nearly  as  possible  equitably,  but  in  no  case  shall 
more  than  three  institutes  be  held  in  one  year  in  any  county  under  the  provisions 
of  this  chapter. 

KANSAS. 

Constitution  (1859):  SEC.  188.  Provision  shall  be  made  bylaw  for  the  establish- 
ment at  some  eligible  and  central  point  of  a  State  university  for  the  promotion  of 
literature  and  the  arts  and  sciences,  including  a  normal  and  an  agricultural  depart- 
ment. All  funds  arising  from  the  sale  or  rents  of  lands  granted  by  the  United 
States  to  the  State  for  the  support  of  a  State  university,  and  all  other  grants, 
donations,  or  bequests,  either  by  the  State  or  by  individuals  for  such  purpose, 
shall  remain  a  perpetual  fund,  to  be  called  the  "  university  fund,"  the  interest  of 
which  shall  be  appropriated  to  the  support  of  the  State  university. 

SEC.  184.  No  religious  sect  or  sects  shall  ever  control  any  part  of  the  common 
school  or  university  funds  of  the  State.  [Probably  this  covers  the  fund  of  1862, 
which  was  received  by  the  State  subsequently  to  the  adoption  of  the  constitution. 
The  State  university  is  mentioned  under  "Article  VI — Education,"  and  not  under 
''Article  VII — Public  institutions."] 

[The  following  matter  is  taken  from  the  "  General  Statutes  of  Kansas,  1899,  being  a  compilation 
of  all  the  laws  of  a  general  nature,  including  the  session  laws  of  1899,  annotated  to  and  including 
Kansas  Reports,  volume  59,  and  Kansas  Appeal  Reports,  volume  7,  by  C.  F.  W.  Dassler."  Topeka, 
Kans.,  1900.] 

SEC.  6523.  That  the  provisions  of  the  act  of  Congress  approved  July  2,  1862, 
are  hereby  accepted  by  the  State  of  Kansas;  and  the  State  hereby  agrees  and 
obligates  itself  to  comply  with  all  the  provisions  of  said  act. 

SEC.  6524.  That  upon  the  approval  of  this  act  by  the  governor,  he  is  hereby 
instructed  to  transmit  a  certified  copy  of  the  same  to  the  Secretary  of  State  and 
the  Secretary  of  the  Interior  of  the  United  States. 

SEC.  6525.  Whereas  the  Congress  of  the  United  States,  by  an  act  approved  July 
2,  1862,  granted  to  the  State  of  Kansas,  upon  certain  conditions,  90,000  acres  of 
public  lands  for  the  endowment,  support,  and  maintenance  of  a  college  where  the 
leading  object  shall  be,  without  excluding  other  scientific  and  classical  studies, 
and  including  military  tactics,  to  teach  such  branches  of  learning  as  are  related 
to  agriculture  and  the  mechanic  arts,  in  order  to  promote  the  liberal  and  practical 
education  of  the  industrial  classes  in  the  several  pursuits  and  professions  in  life; 
and  whereas  the  State  of  Kansas  by  its  legislature  has  expressed  its  acceptance 
of  the  benefits  of  the  said  act  of  Congress,  and  has  agreed  to  fulfill  the  conditions 
therein  contained:  Therefore  be  it  enacted,  etc., 

.  SEC.  6526.  That  the  college  in  the  foregoing  preamble  mentioned  is  hereby  per- 
manently located  at  and  upon  a  certain  tract  of  land  situated  in  the  county  of  Riley 
and  bounded  and  described  as  follows:  Commencing,  etc.,  '  '  containing 

100  acres:  Provided,  however,  That  the  location  of  said  college  as  aforesaid  is  upon 
this  express  condition:  That  the  Bluemont  Central  College  Association,  in  whom 
the  title  to  said  land  is  now  vested,  shall  within  six  months  from  and  after  the 


LAWS    RELATING    TO    LANI>GRANT    COLLEGES.  71 

approval  of  the  governor  hereto,  cede  to  the  State  of  Kansas  in  fee  simple  the  real 
estate  above  described,  together  with  all  buildings  and  appurtenances  thereunto 
belonging,  and  shall  within  such  time  transfer  and  deliver  to  said  State  tho 
apparatus  and  library  belonging  to  said  Bluemont  Central  College  Association. 

SEC.  6527.  The  governor  of  the  State  is  hereby  authorized  to  receive  the  title 
papers  by  which  the  foregoing  mentioned  property  may  be  transferred  to  the  State, 
and  to  cause  the  same  to  be  duly  recorded  in  the  proper  office,  and  to  be  deposited 
in  the  office  of  the  auditor  of  State. 

SEC.  6528.  The  college  for  the  benefit  of  agriculture  and  the  mechanic  arts, 
which  was  located  by  an  act  of  the  legislature  of  the  State  of  Kansas  approved 
February  16,  1863,  shall  be  known  as  the  Kansas  State  Agricultural  College. 

SEC.  6529.  The  government  of  the  college  is  vested  in  a  board  of  seven  regents, 
all  of  whom  shall  be  appointed  by  the  governor  and  confirmed  by  the  senate,  and 
whose  term  of  office  shall  be  four  years.  Five  of  said  regents  shall  be  appointed 
on  or  before  the  1st  day  of  April,  1897,  one  of  whom  shall  hold  his  office  until 
the  1st  day  of  April,  1899,  and  four  of  whom  shall  hold  their  office  until  the  1st 
day  of  April,  1901.  Two  others  shall  be  appointed  on  or  before  the  1st  day  of 
April,  1898,  to  hold  office  until  the  1st  day  of  April,  1899;  and  on  or  before  the 
1st  day  of  April,  1899,  and  every  four  years  thereafter,  previous  to  the  1st  day 
of  April,  three  regents  (and  after  the  1st  day  of  ^pril,  1897,  four  regents)  shall  be 
appointed  by  the  governor  and  confirmed  by  the  senate  for  a  term  of  four  years 
each,  their  terms  expiring  on  the  1st  of  April.  (Amended  by  an  act  passed  in 
1901  making  the  president  of  the  college  an  ex  offlcio  member  of  the  board  of 
regents  in  place  of  one  of  the  appointed  members. ) 

SEC.  6530.  No  one  connected  with  the  college  as  professor,  tutor,  teacher,  or 
employee  shall  be  a  regent. 

Sr.i1.'  r»5:>l.  The  regents  shall  elect  a  president  who  shall  be  the  chief  officer  of 
the  college,  the  head  of  each  department  thereof,  and  secretary  of  the  board  of 
regents,  and  whose  duties  and  powt-rs,  otherwise  than  as  prescribed  in  this  act, 
shall  be  pivsrrilx-d  by  tin-  board  of  regents. 

.  G."W2.  The  board  of  regents  shall  constitute  the  body  corporate  with  the 
right  as  such  to  *ue  and  be  sued,  to  use  a  common  seal  and  alter  the  same  at 
-are. 

[In  connection  with  this  s^-tion  maybe  quoted  tho  remarks  of  the  Kansas  supreme  court: 
u  They  [the  board]  are  a  coi  partition  having  the  entire  control  of  all  departments  of  the  college- 
educational,  financial,  and  administrative.  They  have  the  power  to  appoint  and  discharge  the 
president  and  all  t  he  professors  and  teachers,  and  to  fix  and  increase  or  diminish  their  several 
salaries.  But  with  all  these  powers,  they  are  not  supreme  nor  irresponsible.  They  may  'sue 
and  h»>  sued/  i  -'  as  the  managing  officers  of  other  public  corporations,  such  as  cities,  towns, 
count;  'I  scho . il  districts  may.  *  *  *  While  the  legislature  unquestionably 

intended  to  router  upon  tin-  board  of  regents  extensive  powers,  yet  it  did  not  intend  to  confer 
upon  them  tli"  irresponsible- power  of  trifling  with  other  men's  rights  with  impunity;  and  mak- 
ing the  regents  responsible  for  their  acta  does  not  in  the  least  abridge  their  powers.  It  only 
tends  to  make  them  more  cautious  and  circumspect  in  the  exercise  of  their  powers.  But  the 
plaintiff  in  error  [i.  e.,  the  board  of  regents]  claims  in  substance  that  the  board  has  no  legal 
power  to  make  a  contract  to  employ  a  president  or  a  professor  or  a  teacher  for  any  particular 
period  of  time  and  therefore  that  an  agreement  to  employ  a  president  or  a  professor  or  a 
teacher  for  three  months  or  for  any  other  definite  period  of  time  would  be  an  absolute  nullity. 
Now  wo  cun  not  think  that  this  is  correct.  We  think  that  the  board  has  the  power  to  make  a 
valid  contract  in  advance,  *  *  *  and  especially  so  where  the  board  reserves  the  right  to  dis- 
charge such  president,  professor,  or  teacher  at  any  time  for  misconduct.  It  would  certainly  be 
for  the  inter,  ^t  oft  lie  c<  >llego  that  the  board  should  have  such  power.  No  man  of  spirit,  of  self- 
respect,  and  of  capability  would  want  to  hold  an  office  or  position  at  the  whim  or  caprice  of  a 
body  of  men  with  whom  he  might  have  but  little  if  any  personal  acquaintance.  No  man  of 
spirit,  of  self-respect,  and  of  capability  would  accept  an  office  unless  he  felt  that  he  was  reason- 
ably certain  to  hold  the  same  for  some  reasonable  period  of  time,  *  *  *  and  generally  men 
only  of  inferior  talent  could  be  found  to  accept  it  or  to  perform  its  functions  with  such  a  preca- 
rious tenure,  and  even  then  a  higher  rate  of  compensation  would  be  required  than  where  the 
tenure  is  more  stable  and  certain."  (The  Board  of  Regents  of  the  Kansas  State  Agricultural 
College  v.  Mudge,  21  Kans.,  pp.  929-930.)] 

SEC.  6533.  The  regents  shall  have  power  to  enact  ordinances,  by-laws,  and  regu- 
lations for  the  government  of  said  college,  to  elect  a  president,  to  fix,  increase,  and 
diminish  the  regular  number  of  professors  and  teachers,  and  to  appoint  the  same, 
and  to  determine  the  amount  of  their  salaries.  They  shall  have  power  to  remove 
the  president  and  any  professor  or  teacher  whenever  the  interest  of  the  college 
shall  require. 

SEC.  6534.  The  college  shall  consist  of  four  departments:  (1)  The  department 
of  agriculture,  (2)  mechanic  arts,  (3)  military  science  and  tactics,  (4)  literature 
and  science. 

SEC.  6535.  The  immediate  government  of  the  several  departments  shall  be 
intrusted  to  the  president  and  the  respective  professors  and  teachers,  but  the 
regents  shall  have  power  to  regulate  the  course  of  instruction  and  to  prescribe, 
Tinder  the  advice  of  the  faculty,  the  books  and  authorities  to  be  used  in  Jhe  several 


72  EDUCATION    REPORT,   1901-1902. 

departments;  also  to  confer  such  degrees  and  grant  such  diplomas  as  are  conferred 
by  Institutions  of  the  highest  grade. 

SEC.  6536.  The  college  shall  be  open  to  all  persons,  under  such  regulations  as 
may  be  prescribed  by  the  regents:  Provided,  That  no  student  shall  be  refused 
admittance  to  this  college  simply  because  he  has  been  expelled  from  some  other 
college. 

SEC.  6537.  The  board  of  regents  shall  make  an  exhibit  of  the  affairs  of  the  col- 
lege in  each  year  to  the  superintendent  of  public  instruction,  setting  forth  the 
condition  of  the  college,  the  amount  of  receipts  and  expenditures,  the  number  of 
professors  and  teachers  and  other  officers,  and  the  compensation  of  each;  the 
number  of  students  in  the  several  departments  and  in  the  different  classes,  the 
books  of  instruction  used,  an  estimate  of  the  expenses  of  the  ensuing  year,  a  full 
transcript  of  the  journal  of  the  proceedings  for  the  year,  together  with  such  other 
information  and  suggestions  as  they  may  deem  important  or  the  superintendent 
of  public  instruction  may  require  to  embrace  in  his  report,  which  shall  be  reported 
by  the  superintendent  of  public  instruction  to  the  legislature  in  his  annual  report. 

SEC.  6588.  The  board  of  regents  shall  report  annually  the  progress  of  said  col- 
lege, recording  any  improvements  and  experiments  made,  with  their  cost  and 
results,  and  such  other  matters,  including  State  and  industrial  and  economical 
statistics,  as  may  be  supposed  useful;  one  copy  of  which  shall  be  transmitted  by 
mail,  free,  to  all  the  other  colleges  which  may  be  endowed  under  the  provision's 
of  the  act  of  Congress  approved  July  2,  1862,  and  also  one  copy  to  the  Secretary 
of  the  Interior. 

SEC.  6539.  A  board  of  visitors  to  consist  of  three  persons  shall  be  appointed  by 
the  governor,  to  hold  their  offices  severally  for  one,  two,  or  three  years,  but  their 
successors  shall  hold  their  office  for  three  years.  It  shall  be  their  duty  to  make  a 
personal  examination  into  the  state  and  condition  of  the  college  in  all  its  depart- 
ments and  branches  once  at  least  in  each  year,  and  report  the  result  to  the  super- 
intendent of  public  instruction,  suggesting  such  improvements  as  they  may  deem 
important,  which  report  shall  be  embodied  in  the  report  of  the  superintendent. 

SEC.  6540.  The  regents  shall  have  power  to  appoint  a  secretary,  librarian,  treas- 
urer, and  such  other  officers  as  the  interests  of  the  college  may  require,  who  shall 
hold  their  office  at  the  pleasure  of  the  board  and  shall  receive  such  compensation 
as  the  board  may  prescribe. 

SEC.  6541.  The  board  of  regents  shall  have  the  general  supervision  of  the  college 
and  the  direction  and  control  of  all  expenditures. 

SEC.  6542.  It  shall  be  the  duty  of  the  board  of  regents  at  their  earliest  con- 
venience to  secure  a  collection  of  specimens  in  mineralogy,  geology,  zoology,  bot- 
any, and  other  specimens  pertaining  to  natural  history,  and  whenever  a  geological 
survey  of  the  State  may  be  made  a  complete  set  of  specimens  collected  shall  be 
deposited  in  the  cabinet  of  the  college.  The  said  board  shall  make  provision  for 
increasing  and  preserving  the  library  and  apparatus  belonging  to  the  said  college, 
and  the  apparatus  and  library  that  may  be  transferred  to  the  State  by  the  Blue- 
mont  Central  College  Association. 

SEC.  6543.  The  first  meeting  of  the  board  of  regents  shall  be  called  by  the  super- 
intendent of  public  instruction  as  soon  as  may  be  after  the  fulfillment  by  the  Blue- 
mont  Central  College  Association  of  an  act  entitled  "An  act  to  locate  and  estab- 
lish a  college  for  the  benefit  of  agriculture  and  the  mechanic  arts,"  approved 
February  16,  1863;  but  all  succeeding  meetings  shall  be  called  in  such  manner  as 
the  said  board  may  prescribe,  and  shall  be  held  at  the  college  building  and  at  least 
once  annually. 

SEC.  6544.  A  majority  of  the  board  of  regents  shall  constitute  a  quorum  to  do 
business. 

SEC.  6545.  The  90,000  acres  of  land  granted  to  the  State  of  Kansas  by  Congress 
to  endow  a  college  for  the  benefit  of  agriculture  and  the  mechanic  arts  shall  be 
used  solely  for  the  endowment  of  said  Kansas  State  Agricultural  College  and  for 
no  other  purpose  whatever,  and  the  interest  on  the  fund  arising  from  the  sale  of 
said  lands  shall  be  used  as  the  board  of  regents  may  determine  for  maintenance, 
support,  and  development  of  the  said  agricultural  college;  but  the  principal  or  the 
money  arising  from  the  sale  of  said  lands  shall  be  invested  according  to  law. 

[In  a  case  known  as  Board  of  Eegents  of  the  Kansas  State  Agricultural  College  v.  Hamilton, 
treasurer  of  Saline  County  (28  Kans. ) ,  the  court  said:  "  The  controlling  question  in  matters  of  taxa- 
tion is  who  in  fact  owns  the  property  and  not  where  rests  the  mere  legal  title.  .  .  .  The  ques- 
tion then  is  who  really  and  equitably  owned  this  land?  Unhesitatingly  we  affirm  the  State. 
The  Kansas  State  Agricultural  College  is  a  State  institution;  it  is  absolutely  and  exclusively 
under  the  control  of  the  State;  its  property  belongs  to  the  State.  It  is  true  that  to-day  the  State 
has  created  the  board  of  regents  into  a  body  corporate,  but  to-morrow  it  may  set  aside  this  body 
corporate  and  place  the  control  of  the  properties  in  any  other  board  or  organization.  No  pri- 
vate rights  .intervene.  It  is  purely  and  solely  a  matter  of  State  and  public  control.  The  State 


LAWS    RELATING    TO    LAND-GKANT    COLLEGES.  73 

created  a  body  corporate,  but  why  we  can  not  say.  In  regard  to  certain  State  institutions,  why 
it  did  the  same— as,  for  instance,  in  the  case  of  the  State  University,  why  it  omitted  to  do  so  in 
the  case  of  the  normal  school,  in  the  case  of  the  State  penitentiary— we  do  not  know.  ...  It  is 
enough  for  the  purposes  of  this  case  to  know  that  the  State  is  the  absolute  owner  and  controller  of 
the  institution  and  its  properties,  and  the  mere  manner  in  which  it  executes  the  trusts  reposed 
in  it  by  the  act  of  Congress  or  disposes  of  the  public  property  vested  in  it,  is  for  the  purposes  of  this 
case  entirely  immaterial.  .  .  .  This  agricultural  college  is  .  .  .  a  mere  instrument  created  directly 
by  the  State  and  is  the  one  by  which  it  manages  the  properties  conveyed  to  it  by  the  United 
States.  .  .  .  Therefore  our  conclusion  is  that  this  real  estate  belonging  absolutely  to  the  agri- 
cultural college  .  .  .  is  exempt  from  taxation"  (pp.  379-380 ).« 

[In  a  case  of  1875,  Oswalt  v.  Hallowell,  treasurer  of  Washington  County,  the  court  said:  "But 
do  tne  laws  of  Kansas  make  this  kind  of  land  (i.  e.,  agricultural  land  held  under  contracts  pur- 
chase) held  in  this  manner  taxable?  Now  there  can  be  no  question  as  to  the  power  of  the  State 
to  tax  all  land  within  its  borders  not  belonging  to  the  United  States  or  to  Indians,  even 
though  the  State  may  own  the  land  itself.  The  only  question,  then,  is  whether  the  State  has 
attempted  to  make  these  lands  taxable.  The  first  section  of  the  tax  law  provides  that '  all  property 
in  this  State,  real  and  personal,  not  expressly  exempted  therefrom  shall  be  subject  to  taxation.' 
Now,  are  these  laws  [lands?]  expressly  exempted  from  taxation?  We  think  not.  .  .  .  The  land 
in  question  is  not  'used  exclusively  for  State  purposes'  .  .  .  and  it  does  not  belong  to  the  State 
exclusively  "  ( 15  Kans.,  p.  156-157).  The  court  adhered  to  this  in  29  Kans.,  Board  of  Commissioners 
v.  Baldwin.  In  Stahl,  Treasurer  of  Lyon  County,  r.  Kansas  Educational  Association  of  the 
Methodist  Episcopal  Church  (1895),  it  was  held  that  private  corporation  is  liable  to  be  taxed 
"  when  its  real  t-stato  is  rented  to  a  tenant  or  its  funds  invested  in  other  property  for  profit  or 
loaned  at  inton.-.st"  (p.  549,  54  Kans.).] 

SEC.  6540.  The  board  of  regents  of  the  State  Agricultural  College  are  hereby 
authorized  and  directed  to  sell  as  soon  as  practicable  and  in  the  manner  herein- 
after provided  the  public  lands  granted  by  act  of  Congress  approved  July  2, 1862, 
to  the  State  of  Kansas,  for  the  benefit  of  agriculture  and  the  mechanic  arts. 

SEC.  6547.  The  said  board  of  regents  shall  sell  any  portion  of  lands  mentioned 
in  the  preceding  section  at  a  price  not  less  than  $3  per  acre,  for  cash  at  the  time  of 
sale  or  upon  the  following  conditions  of  credit,  when  deemed  by  them  most  condu- 
cive to  the  interests  of  said  college,  to  wit:  In  eight  equal  annual  installments,  with 
10  per  cent  interest  on  each  installment,  payable  annually,  the  first  installment  to 
be  paid  at  the  date  of  purchase.  The  said  board  of  regents  are  hereby  authorized 
and  directed  to  employ  an  agent  or  agents  to  sell  said  lands,  and  his  rate  of  com- 
pensation with  other  expenses  of  sale  shall  not  exceed  3  per  cent  upon  the  amount 
received  from  the  sale  of  said  lands,  and  he  shall  also  have  power  to  execute  to  the 
purchaser  in  the  name  of  the  State  of  Kansas  all  receipts  for  purchase  money  and 
title  bonds  necessary  to  be  given  in  the  sale  of  said  lands:  Provided,  That  on  all 
timbered  lands  half  of  the  purchase  money  shall  be  paid  in  advance,  and  also  that 
a  purchaser  may  at  any  time  pay  all  arrearages  and  receive  his  patent:  Provided, 
//o.'/vm*,  That  all  expenses  of  management  and  superintendence  of  said  lands  and 
all  the  expenses  attending  the  sale  thereof  and  the  investment  of  the  proceeds 
which  may  be  received  therefrom  shall  be  paid  by  the  State,  and  the  auditor  of 
State  is  hereby  authorized  to  audit  all  expenses  provided  for  in  this  act. 

SEC.  6548.  That  the  board  of  regents  of  the  Kansas  State  Agricultural  College 
is  hereby  authorized,  in  view  of  the  fact  that  all  the  lands  granted  for  endowment 
of  said  college  have  been  sold,  to  empower  the  secretary  of  said  board  of  regents 
to  execute  new  contracts,  subject  to  approval  by  said  board  of  regents,  for  any 
lands  returned  upon  forfeiture  of  contract,  without  the  appofntment  of  a  land 
agent  as  provided  by  law,  and  the  officer  so  empowered  shall  be  required  to  make 
the  settlements  and  statements  required  of  the  land  agent  by  law. 

SKI-.  (5550.  The  said  agent  or  agents  shall,  before  he  or  they  enter  upon  the  duties 
of  the  office,  execute  to  the  State  of  Kansas  a  bond  in  the  sum  of  $40,000;  said 
bond  to  be  approved  by  the  governor  and  filed  in  the  office  of  the  secretary  of 
state. 

SEC.  6551.  The  president  and  secretary  of  the  board  of  regents  or  their  agents, 
shall  give  receipts  to  the  purchaser  of  said  lands  for  the  payment  of  all  installments 
and  interest  due  thereon;  and  when  the  last  installment  upon  any  one  purchase  has 
been  paid,  the  purchaser,  his  heirs  or  assigns,  shall  be  entitled  to  a  patent  for  the 
land  so  purchased,  from  the  governor,  under  the  great  seal  of  the  State,  which 
patent  shall  confer  upon  the  grantee  a  title  in  fee  simple  for  the  lands  described 
in  said  patent. 

SEC.  6552.  The  treasurer  of  the  said  agricultural  college  shall,  before  he  receives 
from  the  board  of  regents  the  order  for  the  funds  in  the  hands  of  the  State  treasurer, 
execute  and  give  a  bond  with  five  or  more  securities,  to  be  approved  by  the  board  of 
regents,  in  double  the  amount  of  the  funds  of  the  said  agricultural  college,  as  near 
as  the  same  can  be  ascertained,  which  will  come  into  his  hands  as  treasurer  dur- 
ing his  term  of  office,  payable  to  the  Kansas  State  Agricultural  College,  and  con- 

«The  constitution  of  Kansas  (art.  11)  provides  that  the  legislature  shall  provide  for  a  uniform 
and  equal  rate  of  assessment  and  taxation,  but  all  property  used  exclusively  for  State,  county, 
municipal,  literary,  educational,  scientific,  religious,  benevolent,  and  charitable  purposes,  and 
personal  property  to  the  amount  of  at  least  §200  for  each  family  shall  be  exempted  from  taxation. 


74  EDUCATION    EEPOET,  1901-1902. 

ditioned  for  the  faithful  discharge  of  his  duties  as  treasurer  of  the  said  college.  He 
shall  keep  an  accurate  account  in  a  book  kept  for  that  purpose  of  all  moneys, 
notes,  bonds,  or  other  evidences  of  indebtedness  coming  into  his  hands  as  treas- 
urer, and  shall  keep  a  separate  account  of  the  endowment  and  interest  funds;  he 
shall  pay  out  no  moneys  except  upon  the  order  of  the  board  of  regents  or  the  loan 
commissioner . 

SEC.  6553.  The  board  of  regents  may,  if  they  deem  it  for  the  interest  of  said 
agricultural  college,  direct  the  treasurer  to  sell  or  dispose  of  any  or  all  bonds  or 
other  evidences  of  indebtedness  belonging  to  the  said  college,  on  such  terms  as 
they  may  prescribe,  and  the  land  commissioner  shall,  under  their  direction,  rein- 
vest the  proceeds  as  provided  by  this  act. 

SEC.  6554.  Any  person  failing  to  pay  the  purchase  money  for  any  of  the  lands 
purchased  from  the  Kansas  State  Agricultural  College,  or  any  installment  of  the 
same,  shall  forfeit  all  right  to  the  land  from  the  time  of  such  failure  of  payment, 
and  the  board  of  regents  shall  proceed  to  eject  such  person  from  said  land,  if  in 
possession. 

SEC.  6555.  The  governor,  treasurer,  and  secretary  of  the  State  of  Kansas  are 
hereby  authorized  and  directed  to  issue,  on  or  before  the  1st  day  of  April,  1866, 
the  bonds  of  the  State  of  Kansas  for  the  sum  of  $5,500,  the  same  to  be  negotiated 
by  the  governor,  and  the  proceeds  to  be  paid  into  the  State  treasury;  said  bonds, 
with  coupons  attached,  shall  run  five  years  from  their  date,  bearing  interest  at 
the  rate  of  10  per  cent  per  annum,  payable  semiannually  at  the  office  of  the  treas- 
urer of  State,  and  shall  not  be  sold  below  their  par  value. 

SEC.  6556.  The  proceeds  of  the  sale  of  said  bonds  shall  be  applied  as  follows,  to 
wit:  The  sum  of  $5,500  to  pay  arrearages  incurred  in  conducting  the  Kansas  State 
Agricultural  College,  and  to  defray  the  current  expenses  of  said  college  for  the 
year  1866,  and  the  auditor  of  State  is  hereby  authorized  to  draw  his  warrant  on 
the  State  treasurer  in  favor  of  the  treasurer  of  the  board  of  regents  upon  an  order 
of  said  board. 

SEC.  6557.  The  amount  to  be  applied  out  of  the  income  referred  to  in  section  5 
of  this  act,  to  meet  the  current  expenses  of  said  college,  shall  not  exceed  $4,000 
per  annum  as  long  as  the  principal  and  interest  on  said  bonds  herein  provided  to 
be  issued  remains  unpaid;  and  all  moneys  realized  from  the  accruing  interest  on 
said  deferred  payments  and  securities  over  $4,000  per  annum  shall  be  by  the  State 
treasurer  applied  in  liquidation  of  said  bonds,  on  the  1st  day  of  January  of  each 
year,  until  the  whole  of  said  loan  secured  by  the  bonds  herein  provided  shall  have 
been  paid:  Provided,  however,  That  if  a  sufficient  fund  is  raised  from  the  sale  of 
said  lands  as  will  afford  a  surplus  income  after  paying  the  bonds  herein  provided 
to  be  issued,  and  interest  thereon  as  the  same  becomes  due,  a  larger  sum  to  defray 
the  current  expenses  of  said  college  may  be  appropriated,  if  the  board  of  regents 
in  their  judgment  may  deem  it  necessary. 

SEC.  6558.  The  treasurer  of  the  board  of  regents  shall  audit  all  accounts  of  said 
agent  or  agents  for  the  sale  of  said  lands  and  all  other  accounts  against  said  col- 
lege, and  the  auditor  of  state  shall  audit  all  the  accounts  of  said  treasurer  of  said 
board  of  regents  relating  to  said  lands,  and  the  sale  thereof,  and  to  the  current 
expenses  of  said  college. 

SEC.  6559.  All  moneys,  bonds,  mortgages,  promissory  notes,  or  other  evidences 
of  indebtedness  due  or  belonging  to  the  endowment  fund  of  the  State  Agricultural 
College  now  in  the  hands  of  the  treasurer,  loan  agent,  or  land  agent  of  said  State 
Agricultural  College  are  hereby  ordered  turned  over  to  the  treasurer  of  the  State 
of  Kansas  on  or  before  April  1,  1883.  The  officer  or  officers  delivering  such  secu- 
rities shall  take  receipts  therefor  in  triplicate.  One  of  said  receipts  shall  be  filed 
with  the  auditor  of  state,  one  with  the  board  of  regents,  and  one  to  be  retained  by 
the  officer  making  such  payment.  The  treasurer  of  state  shall  be  responsible  on 
his  official  bond  for  all  sums  of  money,  securities,  bonds,  or  other  valuable  things 
which  may  come  into  his  hands  by  virtue  of  this  act,  and  shall  at  the  close  of  each 
month  make  to  the  secretary  of  the  board  of  regents  a  detailed  statement  of  col- 
lections and  disbursements  and  the  condition  of  such  funds  belonging  to  said 
college. 

SEC.  6560.  The  board  of  regents  shall  appoint  a  loan  commissioner,  whose  duty 
it  shall  be  to  make  investments  of  the  funds  belonging  to  the  said  Agricultural 
College.  The  board  of  regents  shall  adopt  rules  and  regulations  under  the  provi- 
sions of  this  act,  prescribing  the  kind  and  manner  in  which  all  bonds  and  invest- 
ments shall  be  made  by  said  loan  commissioner.  He  shall  keep  an  accurate 
account  in  a  book  kept  for  that  purpose  of  all  loans  and  investments.  He  shall 
draw  his  warrant  upon  the  treasurer  of  state  for  such  sums  as  he  may  loan 
or  invest,  specifying  in  the  warrant  to  whom  the  same  is  payable.  The  presi- 
dent of  the  college  and  secretary  of  the  board  of  regents  of  the  Agricultural 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  75 

College  shall  approve  all  loans  and  investments  made,  and  with  the  loan  com- 
missioner shall  sign  all  warrants  issned  on  the  State  treasurer.  The  loan 
commissioner  shall  draw  no  warrant  except  for  loans  and  investments,  and 
separate  warrants  shall  be  drawn  for  each  loan  or  investment.  All  loans  or 
investments  shall  be  made  in  the  name  of  the  Kansas  State  Agricultural  College, 
and  all  principal  and  interest  shall  be  payable  at  the  office  of  the  State  treasurer. 

SEC.  6561.  The  interest?  accruing  on  the  investment  of  the  State  Agricultural 
College  funds  and  the  interest  paid  upon  sales  of  Agricultural  College  lands  shall 
be  paid  over  to  the  treasurer  of  the  State  Agricultural  College  by  the  State  treas- 
urer upon  the  warrant  of  the  president  of  the  board  of  regents,  attested  by  the 
secretary. 

SEC.  6562.  The  agent  for  tha  sale  of  State  Agricultural  College  lands  shall,  on  or 
before  the  5th  day  of  each  month,  pay  over  to  the  State  treasurer  all  money 
received  by  him  on  account  of  sales  of  said  lands  or  collections  on  prior  sales  for 
the  month  preceding.  At  the  time  of  making  such  payment  said  land  agent  shall 
deliver  to  the  auditor  of  state,  and  also  to  the  secretary  of  the  board  of  regents, 
a  detailed  statement,  duly  certified  under  his  hand,  showing  the  number  of  acres 
and  descriptions  of  the  lands  sold,  by  whom  purchased,  and  the  price  per  acre, 
and  all  collections  on  prior  wales  for  the  months  upon  which  payments  are  made 
to  the  State  treasurer. 

KENTUCKY. 

Constitution  (1891):  SEC.  184.  No  sum  shall  be  raised  or  collected  for  education 
other  than  in  common  schools  until  the  question  of  taxation  is  submitted  to  the 
legal  voters  and  the  majority  of  the  votes  cast  at  said  election  shall  be  in  favor  of 
such  taxation:  Provided,  The  tax  now  imposed  for  educational  purposes,  and  for 
the  endowment  and  maintenance  of  the  Agricultural  and  Mechanical  College,  shall 
remain  until  changed  by  law. 

SEC.  189.  No  portion  of  any  fund  or  tax  now  existing,  or  that  may  hereafter  be 
raised  or  levied  for  educational  purposes,  shall  be  appropriated  to  or  used  by  or 
in  aid  of  any  church,  sectarian  or  denominational  school. 

[In  the  cases  Higgins  r.  Prater,  sheriff,  and  Hill  r.  Hamilton,  sheriff  (91  Ky.),  the  Kentucky 
court  of  appeals  said:  "The  quMtumprcMBted  in  these  cases  is  not  only  an  important  but  a  del- 
icate one.  Delicate  because  we  must  determine  whether  a  legislative  act  is  constitutional  and 
important,  because  it  relates  to  education,  which  has  been  said  to  be  the  birthright  of  every 
child  born  in  a  republic.  Its  consideration  has  been  delayed  because  of  repeated  legislative  agi- 
tation upon  tin1  subject:  but  as  aconvention  is  now  in  session,  framing  a  proposed  organic  law 
for  the  Stilt'-,  it  is  proper  that  it  should  be  decided.  Our  legislature  in  1880  passed  a  statute 


Kentucky,  wnicii  is  an  educational  institution  incorporated  by  the  law  of  the  State,  and  under 
its  control.  The  tax  is  a  small  one.  The  owner  of  $10,000  worth  of  property  pays  but  50  cents  a 
year.  If  unconstitutional,  however,  then  it  is  oppressive,  however  small.  If  the  college  can 
fnirly  bo  considered  a  part  of  our  common-school  system,  then  this  is  an  end  of  the  controversy. 


student  per  year,  who  may  take  the  entire  collegiate  course  free  of  charge  for  tuition,  and  it  may 
in  like  manner  send  for  one  year  not  more  than  four  persons,  in  the  discretion  of  the  board  of 
ci  mtr<  .1,  \vho  are  or  intend  to  be  teachers.  Notwithstanding  all  this,  however,  we  think  it  clear, 
in  the  litfht  of  the  proceedings  of  the  convention  which  framed  our  constitution,  and  legislation 
prior  and  subequent  thereto,  as  well  as  from  the  opinions  of  this  court  in  the  case  of  Halbert  v. 
Sparks,  9  Bush. .  1:1  Ky..  p.  MS),  and  Collins  r.  Henderson,  etc., 11  Bush.  (74  Ky., defining  whatwas 
meant  by  'common  schools '),  that  this  institution  cannot  be  regarded  as  a  part  of  our  common- 
school  system.  In  fact,  this  is  virtually  conceded  in  argument;  and  this  brings  us  to  the  consid- 
eration of  the  highly  important  question,  which  is,  res  Integra,  whether  the  legislature  can  con- 
stitutionally  aid  Ijy  taxation  any  educational  institution  whatever,  other  than  common  schools. 
It  is  plain  that  it  is  not  expressly  forbidden  by  the  article  of  the  constitution  above  cited. 

"An  implied  prohibition  is,  however,  claimed.    *    *    *    It  is  urged  that     *    *    *    the  organic 
law  has  confined  the  use  of  any  money  raised  by  taxation  to  the  support  of  common  schools.    In 


. 

[Now!  does  the  constitution  impliedly  forbid  the  raising  of  any  public  money  by  taxation  for 
any  educational  purposes,  save  the  general  common-school  fund  of  the  State?  Common-school 
education  is  the  subject  of  the  article.  No  other  sort  of  education  is  named.  The  original  of 
the  school  fund  named  in  the  constitution  came  from  the  General  Government.  In  1836  it  dis- 
tributed among  the  States  a  large  surplus  of  money,  this  State's  portion  being  nearly  $1,500,000. 
It  should,  perhaps,  in  view  of  the  understanding  with  which  the  donation  was  made,  have  set 
apart  the  entire  sum  for  the  support  of  a  general  system  of  education.  It  did  so,  however,  in 
1887  to  the  extent  9f  $1,000,000.  In  1838  the  legislature  reduced  the  sum  to  $850,000,  for  which  sum 
State  bonds,  bearing  interest  payable  semiannually,  were  issued  to  the  board  of  education. 
Those  in  authority  regarded  this  as  a  debt  due  by  the  State  to  itself,  therefore  the  payment  of 
interest  was  neglected,  to  which  default  the  legislature  by  its  action  was  a  party.  The  money 
thus  donated  t9  the  State  was  in  the  main  used  in  the  construction  of  internal  improvements. 
In  1845  the  legislature  directed  the  board  of  education  to  surrender  the  bonds  that  had  been 
executed  to  it  to  the  governor,  with  directions  that  he  burn  them,  lists  thereof  being  kept,  and 
this  was  done.  The  friends  of  common-school  education  became  alarmed.  In  1848  the  legislature 


76  EDUCATION   KEPORT,   1901-1902. 

passed  an  act  which  recognized  the  sacredness  of  the  original  debt,  directed  the  execution  of  a 
bond  to  the  board  of  education  for  its  unpaid  interest,  amounting  then  to  nearly  $300,000,  but 
made  it  payable  at  the  pleasure  of  the  legislature,  and  ordered  a  vote  of  the  people  as  to  whether 
a  tax  of  2  cents  on  the  $100  of  taxable  property  should  be  levied  '  for  the  purpose  of  establishing 
more  permanently  a  common-school  system  in  the  State.1  It  carried  by  a  very  large  majority. 
The  convention  that  framed  our  present  constitution  (that  of  1850)  met  the  following  year. 

"The  public  mind  was  still  excited  in  regard  to  the  then  recent  invasion  of  the  common-school 
fund.  This  was  the  mischief  to  be  remedied,  and  it  was  to  be  done  by  placing  the  bond  beyond 
the  caprice  of  future  legislatures.  It  then  existed  only  by  legislative  sufferance,  as  neither  of 
the  first  two  constitutions  of  the  State  contained  any  provisions  as  to  education.  Prior  to  1849, 
we  do  not  think,  in  the  light  of  all  historical  information  at  hand,  it  can  fairly  be  said  there  was 
any  conflict  between  the  friends  of  higher  and  lower  education.  If  so,  it  is  likely  it  would  have 
been  carried  into  the  convention  of  that  year,  and  there  is  no  trace  of  it.  The  debates  in  that 
body  show  that  this  was  not  the  question  before  it.  It  was  never  named.  This  silence  is  signifi- 
cant in  the  consideration  of  this  case.  The  purpose  was,  in  the  language  of  one  of  the  leading 
members  of  the  convention,  'to  place  the  common-school  fund  beyond  legislative  control.' 
Some  favored  a  future  tax  for  it  by  constitutional  guarantee,  while  others,  although  in  favor  of 
making  the  fund  inviolate,  desiredto  leave  future  taxation  to  the  legislature.  This  was  the  main 
ground  of  difference.  The  last  view  prevailed  *  *  *  and  the  members  generally  used  the 
terms  '  educational  purposes '  and  '  common-school  purposes '  as  synonymous  terms.  Hence,  the 
court  decided  that  the  constitution  of  1850  was  merely  confining  money  raised  by  taxation  for 
common  schools  to  the  support  of  common  schools,  but  was  not  interdicting  the  legislature  from 
laying  taxes  for  higher  education.  In  14  Bush.  (77  Ky.)  it  was  decided,  in  Auditor  (of  State)  v. 
Kalland,  etc.  (p.  153),  that l  The  general  assembly  has  no  power  thus  to  abdicate  its  control  over 
the  fund  (common  school)  and  abandon  to  the  county  courts,  to  be  performed  or  not  at  their 
pleasure,  the  duty  and  power  which  the  constitution  has  imposed  upon  and  vested  alone  in  the 
legislature.'"] 

SEC.  170.  There  shall  be  exempt  from  taxation  public  property  used  for  public 
purposes;  places  actually  used  for  religious  worship,  with  the  grounds  attached 
thereto  and  used  and  appurtenant  to  the  house  of  worship,  not  exceeding  one-half 
acre  in  cities  or  towns  and  not  exceeding  2  acres  in  the  country;  places  of 
burial  not  held  for  private  or  corporate  profit,  institutions  of  purely  public  charity, 
and  institutions  of  education  not  used  or  employed  for  gain  by  any  person  or 
corporation,  and  the  income  of  which  is  devoted  solely  to  the  cause  of  education; 
public  libraries,  their  endowments,  and  the  income  of  such  property  as  is  used 
exclusively  for  their  maintenance;  all  parsonages  or  residences  owned  by  any 
religious  society  and  occupied  as  a  home,  and  for  no  other  purpose,  by  the  minis- 
ter of  any  religion,  with  not  exceeding  one-half  acre  of  ground  in  towns  and 
cities  and  2  acres  of  ground  in  the  country  appurtenant  thereto. 

[The  following  matter  is  taken  from  "The  Kentucky  Statutes, containing  all  general  laws, 
2d  ed.,  prepared  by  John  D.  Carroll."  Louisville,  1899.] 

Kentucky  Statutes:  SEC.  15.  The  government,  administration,  and  control  of 
the  Agricultural  and  Mechanical  College  of  Kentucky  is  hereby  vested  in  a  board 
of  trustees,  constituted  and  appointed  as  follows:  (1)  His  excellency  the  governor 
of  Kentucky,  who  shall  be  ex  officio  chairman  thereof;  (2)  fifteen  men,  discreet, 
intelligent,  and  prudent,  who  shall  be  nominated  by  the  governor  of  Kentucky, 
by  and  with  the  advice  and  consent  of  the  senate.  They  shall  hold  office  for  six 
years,  five  retiring  and  five  being  appointed  at  each  regular  session  of  the  general 
assembly.  Said  nominations  shall  be  made  within  fifteen  days  after  the  legisla- 
ture convenes.  Said  trustees  shall  be  appointed  and  distributed  as  follows,  namely, 
one  from  each  Congressional  district  outside  of  the  Congressional  district  in  which 
Lexington  is  situated,  and  the  remainder  from  the  latter  district;  but  no  more 
than  three  trustees  shall  be  appointed  from  the  county  of  Fayette:  Provided,  That 
no  trustee  now  serving  under  an  appointment  previously  made  shall  be  displaced 
by  the  operation  of  this  act  before  his  term  of  service  shall  expire;  (3)  the  presi- 
dent of  the  college  shall  be  ex  officio  a  member  of  the  board  of  trustees. 

SEC.  16.  The  board  of  trustees,  when  appointed  and  qualified,  shall  be  a  body 
corporate,  under  the  corporate,  name  of  the  Agricultural  and  Mechanical  College 
of  Kentucky,  and  as  a  corporation  shall  have  power  to  sue  and  be  sued,  implead 
and  be  impleaded,  contract  and  be  contracted  with,  and  possess  all  the  immuni- 
ties, rights,  privileges,  and  franchises  usually  attaching  to  the  governing  bodies 
of  educational  institutions.  They  shall  have  power  to  receive,  hold,  and  admin- 
ister, on  behalf  ©f  the  institution  whose  government,  administration,  and  control 
is  committed  to  them,  all  revenues  accruing  from  all  existing  or  future  endow- 
ments, appropriations,  or  bequests,  by  whomsoever  made,  subject  to  the  condi- 
tions attaching  thereto;  to  receive,  administer,  and  apply,  for  and  on  behalf  of 
said  college,  all  moneys,  devises,  stocks,  bonds,  buildings,  museums,  lands,  appa- 
ratus, etc.,  under  the  conditions  attaching  thereto.  Said  trustees  shall  have 
power  to  determine,  from  time  to  time,  the  number  of  departments  of  study  or 
investigation  which  the  college  shall  comprise  within  the  scope  of  the  organic  act 
of  Congress,  or  acts  supplementary  thereto,  donating  land  scrip  for  the  endow- 
ment of  agricultural  and  mechanical  colleges;  the  relation  which  each  depart- 
ment or  group  of  departments  shall  sustain  to  each  other  and  to  the  whole;  to 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  77 

devise,  allot,  and  arrange  the  distributions  of  departments  or  groups  of  depart- 
ments, with  the  designation  appropriate  to  each;  and  to  devise  the  means  required 
for  their  effective  instruction,  administration,  and  government.  They  shall  have 
also  power  to  appoint  presidents,  professors,  assistants,  tutors,  and  other  officers, 
and  to  determine  the  salaries,  duties,  and  official  relations  of  each;  and  shall  pro- 
vide for  a  definite  salary  in  money  attached  to  all  positions  created  and  filled  by 
the  board  of  trustees;  and  there  shall  be  no  additions  thereto  in  the  form  of  fees, 
perquisites,  or  emoluments  of  any  kind  whatever.  They  shall  have  full  power  to 
suspend  or  remove  at  will  any  of  the  officers,  teachers,  professors,  or  agents  whom 
they  are  authorized  by  law  to  appoint,  and  to  do  all  other  acts  which  may  be 
needful  for  the  welfare  of  the  institution. 

SEC.  17.  Said  board  of  trustees  shall  have  power  to  grant  degrees  to  the  alumni 
of  the  institution,  to  prescribe  conditions  upon  which  post-graduate  honors  shall 
be  obtained  by  its  alumni  and  others,  and  to  confer  such  honorary  degrees  upon 
the  recommendation  of  the  faculty  of  the  institution  as  they  may  think  proper. 

SEC.  18.  A  majority  of  the  whole  board  shall  constitute  a  quorum  for  the 
transaction  of  business. 

SEC.  19.  In  the  appointment  of  presidents,  professors,  or  instructors  no  pref- 
erence shall  be  shown  to  any  religious  denomination. 

SEC.  20.  The  board  of  trustees  shall  meet  in  Lexington  twice  each  year  in  the 
president's  room  in  the  college,  namely,  upon  the  Tuesday  preceding  the  annual 
commencement  and  upon  the  second  Tuesday  in  December.  In  the  absence  of 
the  governor  the  board  shall  have  the  power  to  appoint  a  chairman  pro  teinpore. 
They  shall  elect  annually  a  secretary,  who  shall  keep  a  record  of  their  proceed- 
ings, and  a  treasurer,  who  shall  receive  and  disburse  the  funds,  and  a  business 
agent,  who  shall  make  all  purchases  for  all  departments  of  the  college  and  attend 
to  all  the  business  under  the  direction  of  the  board.  Said  secretary  and  treasurer 
and  business  agent  shall  receive  for  their  services  a  fair  compensation,  but  the 
treasurer  elected  under  the  provisions  of  this  act  shall  not  be  a  member  of  the 
board  of  trustees  or  of  the  faculty  of  the  college,  or  otherwise  an  employee  of  the 
college  or  of  any  of  the  departments  thereof.  They  shall  at  each  regular  meeting 
appoint  an  executive  committee,  consisting  of  five  of  their  number  residing  in  or 
near  Lexington,  including  a  chairman  thereof,  three  of  whom  shall  constitute  a 
quorum,  and  said  committee  shall  choose  from  their  number  a  chairman  pro 
tempore,  to  act  in  the  absence  of  the  permanent  chairman.  The  executive  com- 
mittee shall  be  charged  with  the  general  administration  of  the  affairs  of  the 
college,  under  such  by-laws  and  regulations  as  shall  be  prescribed  by  the  board  of 
trustees,  and  with  the  execution  of  measures  specially  authorized  by  the  board. 
It  shall,  at  each  regular  meeting  of  the  trustees,  and  at  each  called  meeting,  if 
required,  submit  to  the  board  a  complete  record  of  its  proceedings  for  the  con- 
sideration and  approval  of  the  board  of  trustees:  Provided,  That  the  authority  of 
the  board  of  trustees  to  revise  the  acts  of  the  executive  committee  shall  not 
extend  to  the  general  or  specific  authority  granted  by  the  board  of  trustees,  and 
within  the  sums  appropriated  by  the  board  for  the  specific  or  contingent  objects 
at  regular  or  called  meetings.  The  secretary  of  the  board  of  trustees  shall  also 
be  secretary  of  the  executive  committee  and  the  custodian  of  the  records,  and  so 
forth,  of  the  board  and  said  committee. 

SEC.  21.  The  treasurer  of  said  college  shall  enter  into  covenant  with  the  Com- 
monwealth of  Kentucky,  with  one  or  more  good  sureties  bound  therein,  to  be 
approved  by  the  board  of  trustees,  conditioned  for  the  faithful  performance  of 
his  duties  and  the  payment  of  all  moneys  that  shall  come  to  his  hands  to  his  suc- 
cessors in  office  or  to  such  person  or  persons  as  may  be  lawfully  entitled  to  receive 
the  same.  Any  person  or  persons,  including  the  board  of  trustees,  injured  by  any 
breach  of  this  bond  may  maintain  in  the  Fayette  circuit  court  appropriate  action 
thereon.  The  said  treasurer  shall  keep  an  itemized  account  of  receipts  and 
expenditures  and  shall  pay  out  no  money  except  on  authorization  of  the  board  of 
trustees,  given  directly  or  through  its  executive  committee.  He  shall  render  to 
the  executive  committee  monthly  statements  of  receipts  and  expenditures  and 
amount  on  hand,  and  a  full  detailed  statement,  with  vouchers,  for  the  information 
and  action  of  the  board  of  trustees  at  its  regular  annual  meeting  and  at  other 
periods  when  required. 

SEC.  22.  In  the  case  of  the  death,  resignation,  or  refusal  to  serve  of  any  of  the 
trustees  appointed  as  members  of  the  board  on  behalf  of  the  State  the  remaining 
trustees  shall,  at  their  first  meeting  thereafter,  have  power  to  fill  all  vacancies 
occasioned  by  such  death,  resignation,  or  refusal  to  serve,  and  the  person  or  per- 
sons so  appointed  shall  hold  their  office  as  trustees  during  the  natural  or  unex- 
pired  terms  of  the  person  or  persons  for  whom  they  are  substituted  and  appointed. 


78  EDUCATION   REPORT,  1901-1902. 

Any  trustee  who  shall  fail  to  attend  two  consecutive  meetings,  without  proper 
notification  to  the  secretary  of  the  reason  therefor,  shall  thereby  vacate  his  office 
of  trustee,  and  the  board  shall  fill  the  vacancy  as  hereinbefore  provided  for. 

SEC.  23.  All  necessary  expenses  incurred  by  the  trustees  in  going  to,  returning 
from,  or  while  attending  the  meetings  of  the  board  shall  be  met  and  discharged 
out  of  the  funds  of  the  institution. 

SEC.  24.  That  in  addition  to  the  regular  meetings,  called  meetings  of  the  board 
of  trustees  may  also  be  held.  The  call  for  such  meeting -must  be  in  writing, 
signed  by  three  or  more  trustees.  The  call  must  also  be  formally  communicated 
by  the  secretary  to  each  trustee  by  mail,  at  his  post-office  address,  at  least  fifteen 
days  before  the  day  fixed  for  the  meeting,  and  must  state  definitely  the  object  of 
the  meeting;  and  no  business  not  thus  explicitly  announced  shall  be  acted  on  at 
the  called  meeting. 

SEC.  25.  That  the  regular  collegiate  period  of  the  agricultural  and  mechanical 
college  shall  be  four  years,  and  only  those  students  who  pass  through  that  period 
and  attain  the  prescribed  standard  of  proficiency  in  the  regular  course  of  studies, 
or  those  who  have  qualified  themselves  elsewhere,  shall  be  found,  after  at  least 
one  year's  attendance  in  the  college,  to  have  attained  the  prescribed  standard  of 
proficiency  in  the  regular  course  of  studies  shall  receive  a  diploma  from  the  col- 
lege. But  a  normal  department  or  course  of  instruction  for  irregular  periods, 
designed  more  particularly,  but  not  exclusively,  to  qualify  teachers  for  common 
or  other  schools,  and  an  academy  or  preparatory  department  to  prepare  students 
for  the  regular  courses  of  study  in  the  college  shall  be  established  and  maintained 
in  connection  with  the  college,  each  under  a  competent  principal  and  assistants, 
and  under  the  general  supervision  and  control  of  the  faculty  thereof. 

SEC.  26.  The  board  of  trustees  are  hereby  empowered  to  establish  proper  regula- 
tions for  the  government  of  the  college  and  the  physical  training,  military  or 
otherwise,  of  the  students,  and  to  authorize  the  suspension  and  dismissal  of  stu- 
dents for  neglect  or  violation  of  the  regulations,  or  for  other  conduct  prejudicial 
to  the  character  and  welfare  of  the  institution. 

SEC.  27.  The  board  of  trustees  shall  make  to  the  general  assembly,  within  the 
first  month  of  each  regular  session,  a  full  report  of  the  condition  and  operation  of 
the  college  since  the  date  of  the  preceding  report,  with  such  recommendations 
concerning  the  college  as  may  be  deemed  necessary. 

SEC.  28.  Each  legislative  district  in  the  State  shall,  in  consideration  of  the  incomes 
accruing  to  the  college  under  "An  act  for  the  benefit  of  the  Agricultural  and 
Mechanical  College  of  Kentucky,"  approved  April  29,  1880,  be  entitled  to  select 
and  to  send  to  said  college  each  year  one  properly  prepared  student,  free  from  all 
charges  for  tuition,  matriculation  fees,  room  rent,  fuel  and  lights,  and  to  have  all 
the  advantages  and  privileges  of  the  college  and  dormitories  free,  except  board. 
Students  shall  be  entitled,  free  of  any  cost  whatever,  to  the  benefits  enumerated 
above  for  the  term  of  years  necessary  to  complete  the  course  of  study  in  which  he 
or  she  matriculates  for  graduation,  or  during  good  behavior.  All  beneficiaries  of 
the  State  who  continue  students  for  one  consecutive  collegiate  year,  or  ten  months, 
unless  unavoidably  prevented,  shall  also  be  entitled  to  their  necessary  traveling 
expenses  in  going  to  and  returning  from  said  college.  The  selection  of  the  bene- 
ficiaries shall  be  made  by  the  superintendents  of  common  schools  in  their  respec- 
tive counties,  upon  competitive  examination  on  subjects  prepared  by  the  faculty 
of  the  college  and  transmitted  to  said  superintendents  before  the  1st  day  of  June 
df  each  year:  Provided,  That  no  standard  of  admission  adopted  by  the  college  for 
admission  into  the  academy  shall  exclude  from  the  benefits  of  this  act  county 
appointees  who  have  completed  the  course  of  study  prescribed  by  law  for  the  com- 
mon schools  of  the  Commonwealth.  Said  competitive  examination  shall  be  open 
to  all  persons  between  the  ages  of  14  and  21  years.  Preference  shall  be  given, 
other  things  being  equal,  to  those  who  have  passed  with  credit  through  the  public 
school,  persons  of  energy  and  industry  whose  means  are  small,  to  aid  whom  in 
obtaining  a  good  education  this  provision  is  intended.  If  any  representative  dis- 
trict contains  more  than  one  county,  each  county  so  included  shall  be  entitled  to 
select  one  beneficiary  as  aforesaid.  Said  competitive  examination  shall  be  held 
and  the  successful  competitor  appointed  between  the  1st  day  of  June  and  the  1st 
day  of  August  of  each  year.  It  shall  be  the  duty  of  the  county  superintendent  to 
make  known  the  benefits  of  this  provision  to  each  common  school  district  under 
his  superintendency,  with  the  time  and  place,  when  and  where  such  competitive 
examination  shall  be  held.  He  shall  for  this  purpose  appoint  a  board  of  exam- 
iners whose  duty  it  shall  be  to  conduct  the  examination. 

SEC.  29.  In  addition  to  the  foregoing,  teachers,  or  persons  preparing  to  teach, 
may  be  admitted  at  the  rate  of  not  more  than  four  from  each  county,  upon  tiie 
same  conditions,  receive  the  same  benefits,  and  have  the  same  privileges  in  said 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  79 

college  as  prescribed  in  the  preceding  section.  The  appointments  shall  be  vested 
in  the  county  superintendents.  Said  appointments  may  be  made  and  certified  to 
the  president  of  the  college  at  any  time  between  the  1st  day  of  July  and  the  31st 
day  of  December  of  each  year. 

SEC.  30.  The  president  shall,  on  or  before  the  1st  day  of  July  of  each  year,  have 
printed  and  mailed  to  each  county  superintendent  of  common  schools  of  this  State 
at  least  as  many  circulars  of  information  relative  to  said  college  as  there  are 
common  school  districts  in  said  respective  counties.  Said  circulars  shall  set  forth 
in  full  the  benefits  of,  methods  of  admission  into,  and  the  probable  cost  to  benefi- 
ciaries of  said  college.  The  county  superintendents  of  common  schools  shall  have 
at  least  one  of  said  circulars  posted  in  the  schoolhouse  of  each  common  school  dis- 
trict in  their  respective  counties  during  the  term  of  the  free  school  thereof. 

SEC.  2735.  (1)  The  geological  collection,  including  maps,  charts,  apparatus, 
and  all  the  accumulated  material  of  the  geological  survey,  is  hereby  directed  to  be 
removed  to  the  building  of  the  State  college,  to  be  placed  in  rooms  suitable  for 
that  purpose,  there  to  remain,  subject,  however,  to  be  recalled  at  any  time  that 
may  seem  proper  by  the  general  assembly. 

(2)  The  present  inspector  of  mines  shall  keep  an  office  at  the  State  college,  and 
the  salary  of  himself  and  each  assistant,  including  his  salary  as  curator  of  the 
geological  survey,  as  provided  by  law,  shall  continue  during  the  term  of  service 
for  which  he  and  they  were  appointed. 

(3)  The  board  of  trustees  of  the  State  college  are  hereby  authorized  to  establish 
a  course  of  study  in  said  college  to  be  known  and  designated  as  the  ''course  of 
mining  engineering,"  in  which  shall  be  taught  all  the  branches  of  science  relating 
thereto,  and  said  board  of  trustees  shall,  after  the  expiration  of  the  terms  of  service 
of  the  present  inspector  and  assistants,  respectively,  select,  as  other  professors  are 
selected,  a  suitable  and  competent  person  for  dean  of  the  same,  with  the  necessary 
staff  of  assistants,  and  said  dean  shall,  by  reason  of  said  selection,  be  the  inspector 
of  mines,  with  all  the  powers  and  privileges  now  conferred  upon  the  said  inspector 
by  law.     It  shall  also  be  his  duty  to  determine,  by  chemical  analysis  or  otherwise, 
the  kind  and  quantity  of  the  mineral  products  of  the  State  of  Kentucky  as  may 
be  sent  to  him  for  inspection  or  analysis,  and  give  written  opinions  thereon;  but 
these  latter  duties  shall  not  be  allowed  to  interfere  with  his  duties  as  inspector, 
relative  to  the  safe  condition  of  the  coal  mines  of  the  State.    He  shall  take  the 
required  oath  and  give  the  same  bond  as  now  required  by  same  officer.    He  and 
his  assistants  shall  hold  office  on  identically  the  same  conditions  with  other  pro- 
fessors in  said  college,  and  shall  be  subject  to 'removal  as  they  are.     Said  dean 
and  li  i its,  however,  inasmuch  as  their  duties  consist  primarily  and  prin- 
cipally of  work  peculiarly  public  and  practical  in  relation  to  the  mines  and  min- 
eral products  of  the  Commonwealth,  shall  be  regarded  as  public  servants  in  a 
sense  in  which  the  ordinary  professors  of  the  college  can  not  be  regarded,  and 
shall  therefore  receive  compensation  directly  from  the  State  and  not  from  the 
funds  of  the  college,  and  their  compensation  as  now  fixed  by  law  shall  be  certi- 
fied to  the  auditor  as  heretofore  and  paid  out  of  the  treasury  as  now  paid. 

(4)  The  inspector  of  mines  is  hereby  directed  to  remove  within  a  reasonable 
time  the  geological  collection  of  this  State,  including  maps,  apparatus,  etc.,  to 
the  State  college  at  Lexington. 

SEC.  1822.  In  each  year,  before  any  person  or  company  shall  sell,  offer,  or  expose 
for  sale  in  thin  State  any  commercial  fertilizer,  said  person  or  company  shall  fur- 
nish to  the  director  of  the  agricultural  experiment  station  of  the  Agricultural  and 
Mechanical  College  of  Kentucky,  which  station  is  hereby  recognized  as  the  "  Ken- 
tucky Agricultural  Experiment  Station,"  a  sealed  quantity  of  such  commercial 
fertilizer,  not  less  than  1  pound,  sufficient  for  analysis,  accompanied  by  an  affi- 
davit that  the  sample  so  furnished  is  a  fair  and  true  sample  of  a  commercial  fer- 
tilizer which  the  said  person  or  company  desires  to  sell  in  this  State,  and  said 
affidavit  shall  also  state  the  name  and  address  of  the  manufacturers,  the  name  of 
the  fertilizer,  the  number  of  net  pounds  in  each  package,  and  the  minimum  per- 
centages of  the  essential  ingredients  guaranteed  in  each  fertilizer,  in  such  form 
and  manner  as  may  be  prescribed  by  said  director. 

(2)  The  director  of  said  experiment  station,  upon  receipt  of  affidavit  and  sam- 
ple, as  provided  for  in  section  1,  and  upon  receipt  of  the  fees  hereinafter  provided, 
shall  issue  to  said  person  or  company  a  sufficient  number  of  labels  to  tag  not  less 
than  20  tons  of  said  fertilizer,  on  which  label  shall  be  printed  the  name  and  address 
of  the  manufacturer,  the  name  of  the  fertilizer,  the  number  of  net  pounds  in  each 
package,  and  the  minimum  percentage  composition  in  terms  approved  by  the  said 
director,  as^ certified  to  in  affidavit  furnished  by  said  person  or  company,  together 
with  a  certificate  from  the  director  over  his  facsimile  signature,  authorizing  the 
sale  of  such  packages,  according  to  the  provisions  of  this  act. 


80  EDUCATION   KEPORT,  1901-1902. 

(3)  Every  bag  or  other  package  or  quantity  of  any  commercial  fertilizer,  in 
any  shape  or  form  whatever,  sold  or  offered  for  sale  in  this  State,  shall  have 
attached  to  it  in  a  conspicuous  place  a  label  as  provided  in  section  2. 

(4)  Any  manufacturer  or  vender  of  any  commercial  fertilizer,  or  any  person  or 
company  who  shall  sell,  offer,  or  expose  for  sale  any  fertilizer,  without  having 
previously  complied  with  the  provisions  of  this  act,  shall  be  fined  not  less  than 
|lOO  nor  more  than  $500  for  each  violation  or  evasion  of  this  act. 

(5)  The  director  shall  receive  for  the  labels  described  in  section  2  of  this  act 
50  cents  for  such  number  as  may  be  required  for  1  ton  of  fertilizer:  Provided, 
That  he  may  not  furnish  at  any  one  time  a  less  quantity  than  is  sufficient  for  10 
tons  of  fertilizer. 

(6)  The  director  of  said  Kentucky  Agricultural  Experiment  Station  shall  pay 
all  such  fees  received  by  him  into  the  treasury  of  the  Kentucky  Agricultural 
Experiment  Station,  the  authorities  of  which  shall  expend  the  same  in  meeting 
the  legitimate  expenses  of  the  station,  and  for  inspecting  and  making  analyses  of 
fertilizers,  in  experimental  tests  of  same,  and  in  other  experimental  work  and 
purchases  as  shall  inure  to  the  benefit  of  the  farmers  of  this  Commonwealth. 
The  director  shall,  within  two  months  of  the  biennial  meeting  of  the  general  assem- 
bly, present  to  the  commissioner  of  agriculture  a  report  of  the  work  done  by 
him,  together  with  an  itemized  statement  of  receipts  and  expenditures  for  the 
two  years  preceding  under  the  operations  of  this  act. 

(7)  The  director  of  said  experiment  station  is  hereby  authorized,  in  person  or 
by  deputy,  to  take  samples  for  analysis  from  any  bag  or  other  package  or  quan- 
tity of  any  commercial  fertilizer  in  the  possession  of  any  dealer  or  transportation 
company  in  this  State;  to  enforce  the  provisions  of  this  act,  and  to  make  and 
enforce  such  rules  and  regulations  as  he  may  deem  necessary  to  carry  fully  into 
effect  the  true  intent  and  meaning  of  this  act. 

(10)  The  director  of  said  experimental  station  shall  annually  analyze  or  cause 
to  be  analyzed  at  least  one  sample  of  every  fertilizer  sold  or  offered  for  sale  under 
the  provisions  of  this  act;  and  he  shall  publish  in  one  or  more  bulletins  the  analyses 
made  during  the  year,  together  with  the  relative  commercial  value  of  each  fer- 
tilizer computed  from  its  anlaysis  as  he  may  determine,  and  the  analysis  guaran- 
teed by  the  manufacturer. 

(11)  To  facilitate  the  inspection  of  fertilizers,  the  director  is  authorized  to 
require  all  manufacturers  making  shipments  into  or  within  this  State  to  notify 
him  of  the  kinds,  amounts,  dates,  destinations,  and  the  consignee  of  all  such 
shipments. 

SEC.  1905a.  (4)  The  experiment  station  of  the  Agricultural  and  Mechanical  Col- 
lege, hereby  designated  as  the  Kentucky  Agricultural  Experiment  Station,  shall 
make  analysis  of  food  products  on  sale  in  Kentucky  suspected  of  being  adulterated 
at  such  times  and  places  and  to  such  extent  as  the  director  thereof  may  deter- 
mine. And  the  director  of  the  said  Kentucky  Agricultural  Experiment  Station 
may  appoint  such  agent  or  agents  as  he  deems  necessary,  who  shall  have  free  access 
at  all  reasonable  hours,  for  the  purpose  of  examining  into  any  place  wherein  it 
is  suspected  any  article  of  food  adulterated  with  any  deleterious  or  foreign  ingre- 
dient or  ingredients  exists,  and  such  agent  or  agents,  upon  tendering  the  market 
price  of  said  article,  may  take  from  any  person,  firm,  or  corporation  samples  of 
any  article  suspected  of  being  adulterated  as  aforesaid,  and  said  station  may  adopt 
or  fix  standards  of  purity,  quality,  or  strength  when  such  standards  are  not  speci- 
fied or  fixed  by  statute. 

(5)  Whenever  said  station  shall  find  by  its  analysis  that  adulterated  food  products 
have  been  on  sale  in  the  State  it  shall  forthwith  transmit  the  facts  so  f oimd  to  a 
grand  juror  or  prosecuting  attorney  of  the  district  in  which  said  adulterated  food 
product  was  found. 

(6)  Said  station  shall  make  an  annual  report  to  the  governor  upon  adulterated 
food  products,  in  addition  to  the  report  required  by  law,  which  shall  not  exceed 
150  pages,  and  said  report  may  be  included  in  the  report  which  said  station  is 
already  authorized  by  law  to  make,  and  such  annual  reports  shall  be  submitted 
to  the  general  assembly  at  its  regular  session. 

(8)  The  said  Kentucky  Agricultural  Experiment  Station  shall  receive  for  taking 
samples  within  the  provisions  of  this  act,  and  for  analysis  of  the  same,  only  actual 
traveling  expenses  and  $5  for  each  sample  taken  and  analyzed,  to  be  paid  by  the 
Commonwealth  of  Kentucky  upon  warrant  of  auditor  as  other  claims,  but  recov- 
ered of  the  owner  of  such  article  of  food  if  declared  upon  inspection  to  be  found 
adulterated  or  misbranded  within  the  meaning  of  this  act.     The  expenses  of 
above  inspections  shall  in  no  year  exceed  $2,500. 

(9)  All  fines  recovered  under  this  act  shall  be  kept  as  a  separate  fund  to  pay 
necessary  expenses  in  maintaining  same. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  81 

SEC.  1925a.  All  nnrseries  in  Kentucky  where  trees,  vines,  plants,  or  other  nurs- 
ery  stock  are  grown  and  offered  for  sale  shall  be  inspected  by  the  entomologist 
and  botanist  of  the  State  Agricultural  Station  once  each  year  at  such  time  as  he 
may  elect,  and  he  shall  notify,  in  writing,  the  owners  of  such  nurseries,  the  com- 
missioner of  agriculture  and  statistics,  the  director  of  the  State  Agricultural 
Experiment  Station,  and  the  president  of  the  State  Horticultural  Society  of  the 
presence  of  any  San  Jose  scale  or  other  destructively  injurious  insects  or  fungi  on 
the  trees,  vines,  plants,  or  other  stock  of  such  nurseries,  and  shall  also  notify,  in 
writing,  the  owner  of  any  affected  stock  that  he  is  required,  on  or  before  a  certain 
day,  to  take  such  measures  for  the  destruction  of  such  insect  or  fungus  enemies 
of  nursery  stock  as  have  been  shown  to  be  effectual  for  this  purpose.  Said  ento- 
mologist and  botanist  shall,  for  the  purpose  of  this  act,  be,  and  he  is  hereby, 
declared  to  be  the  State  entomologist,  and  shall  serve  without  pay  other  than  that 
he  may  receive  as  an  officer  of  the  State  Agricultural  Experiment  Station,  but  his 
expenses  shall  be  paid  as  hereinafter  provided. 

(7)  The  sum  of  $oOO  annually,  or  so  much  thereof  as  may  be  necessary,  is 
hereby  appropriated  for  the  purpose  of  paying  the  expenses  of  the  State  ento- 
mologist in  the  performance  of  his  duties  under  the  provisions  of  this  act,  and 
the  auditor  of  public  accounts  is  hereby  directed  to  honor  requisitions  made  by 
said  State  entomologist  for  expenses  incurred  in  the  performance  of  his  duties. 

Acts  of  the  general  assembly,  1000,  chapter  24.  SECTION  1.  The  sum  of  $60,000, 
or  as  much  as  may  be  necessary  therefor,  is  hereby  appropriated  for  the  purchase 
of  ground  and  the  erection  thereon  of  a  suitable  building  as  a  dormitory  for 
young  women  students  of  the  Agricultural  and  Mechanical  College  of  Kentucky, 
and  the  equipment  and  furnishing  thereof,  which  dormitory  shall  be  capable  of 
lodging  and  boarding  comfortably  125  persons;  also  for  the  purpose  of  erecting 
and  equipping  a  suitable  building  for  military  instruction,  physical  culture,  and 
rooms  for  Young  Men's  Christian  Association;  also  for  the  erection  and  equip- 
ment of  a  suitable  building  for  the  use  of  the  normal  department  and  for  the  use 
of  the  academy;  also  for  the  erection  and  equipment  of  a  dormitory  for  young 
men  students  of  said  college;  also  for  the  purpose  of  erecting  and  furnishing  an 
annex  for  the  use  of  the  engineering  departments  of  said  college. 

Sic.  4.  The  board  of  trustees  shall  appoint  three  prudent,  discreet,  intelligent 
women,  members  in  good  standing  of  one  of  the  religious  organizations  recog- 
nized by  the  laws  of  the  United  States,  who  shall  constitute  a  board  of  super- 
vision or  control  to  manage  and  superintend,  under  the  direction  of  the  board  of 
trustees,  the  dormitory  for  young  women.  The  term  of  service  shall  be  for  six 
years;  but  the  first  appointments  shall  be,  one  for  two  years,  one  for  four  years, 
and  one  for  six  years,  respectively,  and  thereafter  ^  upon  the  expiration  of  their 
terms  of  service,  one  shall  be  appointed  at  the  close  of  each  biennial  period  to 
fill  the  vacancy:  Pt*ovided,  however,  That  the  board  of  trustees  shall  have  power 
at  any  time  to  remove  any  member  of  the  board  of  control  for  reasons  which 
they  may  deem  sufficient  and  to  fill  the  unexpired  term  by  an  ad  interim  appoint- 
ment. Said  board  of  supervision  shall  meet  at  convenient  intervals  for  the 
transaction  of  business.  They  shall  keep  a  record  of  their  proceedings  and  sub- 
mit the  same  to  the  board  of  trustees  at  their  regular  meetings.  Their  receipts 
and  expenditures  shall  be  embodied  in  semiannual  reports  to  the  board.  They 
shall,  when  the  dormitory  is  ready  for  the  reception  of  students,  submit  to  the 
board  of  trustees  for  their  approval,  or  to  the  executive  committee,  if  the  board 
of  trustees  be  not  in  session,  a  body  of  regulations  in  relation  to  their  adminis- 
tration of  the  business  of  the  dormitory  and  in  relation  to  the  conduct  and  disci- 
pline of  its  occupants.  The  members  of  the  board  of  supervision  or  control  shall 
receive  no  salary;  but  the  necessary  expenses  incurred  in  the  discharge  of  their 
duties  shall  be  paid  out  of  the  funds  set  apart  for  the  administration  of  the 
woman's  dormitory.  *  * 

SEC.  7.  The  duties  of  the  board  of  supervision  or  control  shall  be  concerned 
exclusively  with  the  management  of  the  woman's  dormitory  and  shall  in  no  wise 
relate  to  the  college  privileges,  duties,  and  relations  of  the  young  women,  nor  to 
the  requirements  of  the  faculty  regarding  their  work  or  the  discipline  and  control 
of  the  faculty  over  them  as  students. 

SEC.  8.  The  president  of  the  college  shall,  as  the  representative  of  the  board  of 
trustees,  have  the  same  general  authority  in  regard  to  the  woman's  dormitory 
which  he  is  expected  and  required  to  exercise  over  the  interests  all  and  singular  of 
the  college,  and  any  occupant  of  said  dormitory  who  may  feel  aggrieved  by  the 
act  of  the  board  of  control  or  the  subordinate  appointees  shall  have  the  privilege 
of  appeal  to  the  president  of  the  college,  whose  decision  shall  be  final  until  the 
next  meeting  of  the  executive  committee. 

ED  1902 G 


82  EDUCATION    EEPORT,   1901-1902. 

SEC.  9.  Women  students  attending  said  college  as  beneficiaries  and  appointees 
of  counties  or  legislative  districts  shall  have  preference  for  accommodations  in 
said  woman's  dormitory,  and  if  the  accommodations  of  said  dormitory  are  not 
sufficient  for  all  such  appointees,  then  the  proper  authorities  of  said  college  shall 
decide,  in  some  way  fair  and  equitable,  who  shall  be  entitled  to  said  accommoda- 
tions, all  counties  being  given  equal  representation  as  nearly  as  possible.  If  any 
rooms  in  said  dormitory  remain  after  all  such  appointees  are  accommodated,  other 
female  students  may  be  allowed  the  use  thereof,  each  county  being  given  equal 
representation  as  nearly  as  possible.  All  rooms  shall  be  assigned  by  lot  three  days 
after  the  session  opens.  Like  rules  and  preferences  shall  be  observed  in  regard  to 
dormitory  accommodations  provided  for  men  students  at  said  college.  All  rooms 
shall  be  assigned  by  lot  three  days  after  the  session  opens. 

SEC.  4527.  The  State  normal  school  for  colored  persons,  established  by  an  act  of 
the  general  assembly  May  18, 1886,  shall  hereafter  (i.  e.,  after  May  22,  1893)  be 
under  the  control  and  supervision  of  a  board  of  trustees,  composed  of  the  super r 
intendent  of  public  instruction,  who  shall  be  exofficio  chairman  of  the  board,  and 
three  intelligent  and  discreet  persons,  residents  of  Franklin  County,  to  be  appointed 
by  the  governor,  subject  to  the  approval  of  the  senate,  who  are  hereby  constituted 
a  body  corporate,  with  power  to  sue,  etc.,  and  to  hold  in  trust  all  funds  and  prop- 
erty now  owned  by  said  school  or  which  may  hereafter  be  provided  for  it,  and 
shall  be  known  and  designated  as  '  *  The  board  of  trustees  of  the  Kentucky  State 
Normal  School  for  Colored  Persons." 

SEC.  4528.  There  shall  be  maintained  in  said  institution  a  department  for  the 
education  of  colored  students  in  agriculture  and  the  mechanic  arts,  and  for  said 
purpose  said  board  shall  be  entitled  to  receive  an  equitable  division  of  the  moneys 
arising  from  the  sale  of  public  lands  and  appropriated  to  the  State  of  Kentucky 
by  an  act  of  Congress  approved  August  30,  1890. 

SEC.  4534.  The  sum  of  $3,000  shall  be  annually  appropriated  out  of  the  State 
treasury  to  pay  the  teachers  and  defray  other  necessary  expenses  in  the  mainte- 
nance of  said  normal  school,  which  amount,  together  with  the  sum  received  under 
the  provisions  of  said  act  of  Congress,  shall  be  set  apart  and  be  known  and  held 
as  the  colored  normal  school  fund.  This  fund  shall  be  paid  out  of  the  State 
treasury  only  on  the  warrant  of  the  auditor,  drawn  on  the  order  of  the  board. 

LOUISIANA. 

Constitution  (1898) :  ART.  255.  The  Louisiana  State  University  and  Agricultural 
and  Mechanical  College,  founded  upon  the  land  grants  of  the  United  States  to 
endow  a  seminary  of  learning  and  a  college  for  the  benefit  of  agriculture  and  the 
mechanic  arts,  now  established  and  located  in  the  city  of  Baton  Rouge,  is  hereby 
recognized,  and  all  revenues  derived  and  to  be  derived  from  the  seminary  fund, 
the  agricultural  and.  mechanical  college  fund,  and  other  funds  or  lands  donated 
or  to  be  donated  by  the  United  States  to  the  State  of  Louisiana  for  the  use  of  a 
seminary  of  learning  or  of  a  college  for  the  benefit  of  agriculture  and  the  mechanic 
arts  shall  be  appropriated  exclusively  to  the  maintenance  and  support  of  said 
Louisiana  State  University  and  Agricultural  and  Mechanical  College,  and  the 
general  assembly  shall  make  such  additional  appropriations  as  may  be  necessary 
for  its  maintenance,  support,  and  improvement,  and  for  the  establishment,  in 
connection  with  said  institution,  of  such  additional  scientific  or  literary  depart- 
ments as  the  public  necessities  and  the  well-being  of  the  people  of  Louisiana 
may  require:  Provided,  That  the  appropriation  shall  not  exceed  $15,000  per  annum 
f orbits  maintenance  and  support. 

ART.  258.  The  debt  due  by  the  State  to  the  seminary  fund  is  hereby  declared  to 
be  $136,000,  being  the  proceeds  of  the  sales  of  lands  heretofore  granted  by  the 
United  States  to  this  State  for  the  use  of  a  seminary  of  learning,  and  said  amount 
shall  be  kept  to  the  credit  of  said  fund  on  the  books  of  the  auditor  and  treasurer 
of  the  State  as  a  perpetual  loan,  and  the  State  shall  pay  an  annual  interest  of 
4  per  cent  on  said  amount. 

ART.  259.  The  debt  due  by  the  State  to  the  agricultural  and  mechanical  college 
fund  is  hereby  declared  to  be  the  sum  of  $182,313.03,  being  the  proceeds  of  the 
sale  of  lands  and  land  scrip  heretofore  granted  by  the  United  States  to  this  State 
for  the  use  of  a  college  for  the  benefit  of  agriculture  and  mechanic  arts,  and 
said  amount  shall  be  kept  to  the  credit  of  said  fund  on  the  books  of  the  auditor 
and  treasurer  of  the  State  as  a  perpetual  loan,  and  the  State  shall  pay  an  annual 
interest  of  5  per  cent  on  said  amount. 

ART.  260.  The  interest  due  on  the  free-school  fund,  the  seminary  fund,  and  the 
agricultural  and  mechanical  college  fund  shall  be  paid  out  of  any  tax  that  may 
be  levied  and  collected  for  the  payment  of  the  interest  on  the  State  debt. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  83 

ART.  307.  The  board  of  agriculture  and  immigration  shall  consist  of  one  mem- 
ber from  each  Congressional  district  *  *  *  [and]  the  governor  of  the  State, 
the  commissioner  of  agriculture  and  immigration,  the  president  of  the  State 
University  and  Agricultural  and  Mechanical  College,  the  vice-president  of  the 
board  of  supervisors  of  the  State  University  and  Agricultural  and  Mechanical 
College,  and  the  director  of  the  State  experimental  stations  shall  be  ex  officio 
members  of  this  board.  The  members  of  said  board  shall  serve  without  compen- 
sation, except  actual  expenses  incurred  in  attending  the  meetings. 

[The  following  matter  is  taken  from  the  Revised  Laws  of  Louisiana,  Compiled  and  Annotated 
by  Solomon  Wolff,  of  the  New  Orleans  Bar.  New  Orleans,  1897.] 

SEC.  593.  An  act  of  Congress  of  the  United  States,  approved  July  2,  1862,  and 
the  grant  of  land  and  land  scrip  thereby  made,  is  hereby  accepted  on  the  part  of 
the  State  of  Louisiana. 

SEC.  594.  The  said  grant  of  land  and  land  scrip  is  hereby  accepted  for  the  pur- 
poses and  upon  the  conditions  in  said  act  of  Congress  specified,  and  the  assent  of 
the  State  of  Louisiana  to  the  several  conditions  and  provisions  in  said  act  con- 
tained is  hereby  signified  and  expressed. 

SEC.  595.  The  governor  of  the  State,  together  with  the  chief  justice  of  the 
supreme  court  and  a  commissioner  to  be  duly  appointed  by  them,  are  hereby 
appointed  commissioners  to  receive  from  the  Secretary  of  the  Interior,  or  other 
officer  of  the  United  States,  the  land  scrip  to  which  the  State  of  Louisiana  is  or 
may  be  entitled  under  the  act  of  Congress  aforesaid,  and  to  sell  and  dispose  of  the 
same,  and  upon  said  sale  being  made  by  said  commissioners,  they  are  authorized 
to  appoint  one  person  to  assign  said  land  scrip  in  accordance  with  the  rules  of  the 
Department  of  the  Interior. 

[The  following  matter  is  not  incorporated  as  an  integral  part  of  the  Revised  Statutes  proper, 
but  as  Acts  of  the  Legislature.] 

Act  145, 1876,  page  18,  of  Acts  of  1878:  SECTION  1 .  The  Louisiana  State  University, 
us  now  established  and  located  at  Alexandria,  in  the  parish  of  Rapides,  and  the 
Louisiana  State  Agricultural  and  Mechanical  College,  as  now  established  and 
located  in  the  parish  of  St.  Bernard,  are  hereby  united  and  constituted  into  one 
and  the  same  institution  of  learning,  which  shall  hereafter  be  known  and  desig- 
nated under  the  name  and  title  of  the  Louisiana  State  University  and  Agricultural 
and  Mechanical  College,  and  that  said  institution  of  learning,  the  Louisiana  State 
University  and  Agricultural  and  Mechanical  College,  as  hereby  created,  shall  be 
established  temporarily  at  Baton  Rouge,  in  the  parish  of  East  Baton  Rouge. 

SEC.  2.  All  legal  rights  and  privileges  as  granted  by  the  Congress  of  the  United 
States  and  the  legislature  of  Louisiana,  and  all  the  legal  obligations  and  require- 
ments as  imposed  by  Congressional  and  legislative  enactments,  and  binding  upon 
the  two  institutions  of  learning,  respectively,  which  have  been,  in  the  preceding 
section  of  this  act,  united  and  constituted  into  one  and  the  same  institution  of 
learning,  shall  be  of  full  force  and  effect  with  and  upon  the  Louisiana  State  Uni- 
versity and  Agricultural  and  Mechanical  College,  as  hereinbefore  constituted  and 
established,  excepting  such  legal  rights,  privileges,  obligations,  and  requirements 
as  may  be  specifically  repealed  by  the  provisions  of  this  act. 

SEC.  3.  The  Louisiana  State  University  and  Agricultural  and  Mechanical  Col- 
lege, as  hereinbefore  created,  shall  have  for  its  object  to  become  an  institution  of 
learning,  in  the  broadest  and  highest  sense,  where  literature,  science,  and  all  the 
arts  may  be  taught;  where  the  principles  of  truth  and  honor  may  be  established, 
and  a  noble  sense  of  personal  and  patriotic  and  religious  duty  inculcated;  in  fine, 
to  fit  the  citizens  to  perform  justly,  skillfully,  and  magnanimously  all  the  offices, 
both  private  and  public,  of  peace  and  war. 

SEC.  4.  The  Louisiana  State  University  and  Agricultural  and  Mechanical  Col- 
lege, as  hereinbefore  created,  shall  provide  general  instruction  and  education  in 
all  the  departments  of  literature,  science,  and  art,  and  industrial  and  professional 
pursuits;  and  it  shall  provide  special  instruction  for  the  purpose  of  agriculture, 
the  mechanic  arts,  mining,  military  science  and  art,  civil  engineering,  law,  medi- 
cine, commerce,  and  navigation. 

SEC.  5.  The  Louisiana  State  University  and  Agricultural  and  Mechanical  Col- 
lege as  hereinbefore  created,  constituted,  and  established  shall  be  under  the  direc- 
tion and  control  of  fifteen  supervisors,  who  shall  be  a  body  corporate,  under  the 
style  and  title  of  the  board  of  supervisors  of  the  Louisiana  State  University  and 
Agricultural  and  Mechanical  College,  with  the  right  as  such  to  use  a  common  seal, 
and  who  shall  be  capable  in  law  to  receive  all  donations,  subscriptions,  and  bequests 
in  trust  for  said  university  and  agricultural  and  mechanical  college  and  to  recover 
all  debts  which  may  become  the  property  of  said  university  and  agricultural  and 
mechanical  college,  and  to  sue  and  be  sued  in  courts  of  justice,  and  in  general  to 


84  EDUCATION   REPORT,  1901-1902. 

do  all  acts  for  the  benefit  of  the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College  which  are  incident  to  bodies  corporate. 

SEC.  6.  The  governor  of  the  State  shall  be  a  member  and  ex  officio  president  of 
the  board  of  supervisors,  and  the  State  superintendent  of  public  education  and  the 
president  of  the  faculty  of  the  university  shall  also  be  members  ex  officio  of  said 
board,  and  the  twelve  remaining  members  shall  be  appointed  by  the  governor,  by 
and  with  the  advice  and  consent  of  the  senate:  Provided,  That  at  least  six  of  the 
fifteen  supervisors  of  the  university  shall  have  been  students  of  the  Louisiana 
State  University  or  of  the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College,  and  shall  have  taken  degrees  and  be  titled  graduates  of  one 
of  said  institutions.  At  least  one  member  of  said  board  of  supervisors  shall  be 
appointed  from  the  parish  of  East  Baton  Rouge.  Whenever  a  vacancy  occurs  in 
said  board  for  any  cause  the  same  shall  be  filled  for  the  unexpired  term.  The  terms 
of  office  of  the  present  members  of  the  board  of  supervisors  as  now  constituted  under 
appointments  heretofore  made  shall  in  no  manner  be  abridged,  terminated,  or 
affected  by  the  provisions  of  this  act,  but  whenever  a  vacancy  shall  hereafter 
occur  for  any  cause  in  the  board  of  supervisors,  the  same  shall  be  filled  by  the 
appointment  of  a  titled  graduate  of  one  of  said  institutions  until  at  least  six  titled 
graduates  aforesaid  shall  be  members  of  said  board  of  supervisors,  and  said  board 
shall  be  thereafter  so  constituted  and  maintained  (as  amended  by  act  75,  1896, 
p.  107). 

SEC.  7.  Three  of  the  twelve  members  of  the  board  of  supervisors  to  be  appointed 
by  the  governor  in  accordance  with  the  provisions  of  the  foregoing  section  of  this 
act  shall  be  commissioned  and  hold  their  offices  for  one  year,  three  for  two  years, 
three  for  three  years,  and  three  for  four  years.  Their  successors  shall  be  appointed 
in  like  manner,  and  shall  hold  their  offices  for  the  full  term  of  four  years  from  the 
1st  day  of  January  next  succeeding  their  appointment,  and  until  their  successors 
are  appointed  and  qualified. 

SEC.  8.  The  member  of  the  board  of  supervisors  appointed  for  the  parish  of 
East  Baton  Rouge,  in  which,  as  hereinbefore  provided,  the  Louisiana  State  Uni- 
versity and  Agricultural  and  Mechanical  College  has  been  temporarily  established 
and  located,  shall  be  ex  officio  the  vice-president  of  the  board,  to  preside  over  the 
meetings  of  the  board  in  the  absence  of  the  governor.  Five  members  of  the  board 
of  supervisors,  including  the  president  or  vice-president,  shall  constitute  a  quorum 
for  the  transaction  of  business:  Provided,  That  all  the  acts  of  said  five  members, 
at  said  such  meeting,  shall  be  submitted  for  ratification  or  rejection  at  the  next 
meeting  of  the  board  of  supervisors,  when  a  majority  of  all  the  fourteen  members 
of  the  board  may  be  present. 

SEC.  9.  There  shall  be  four  regular  stated  meetings  of  the  board  of  supervisors 
at  the  university  in  each  and  every  year — one  on  the  first  Monday  in  April,  another 
on  the  Monday  before  the  close  of  the  annual  session  of  the  university,  which  shall 
be  July  4;  another  011  Monday  before  the  opening  of  the  annual  session  of  the 
university,  which  shall  be  October  5,  and  another  on  the  first  Monday  in  Decem- 
ber. Special  meetings  of  the  board  of  supervisors  shall  be  called  in  such  manner 
and  held  at  such  other  times  and  places  as  the  governor  of  the  State  or  the  board 
of  supervisors  may  determine. 

SEC.  10.  The  board  of  supervisors  shall,  at  their  first  meeting,  elect  a  secretary, 
who  shall  record,  attest,  and  preserve  their  proceedings,  and  a  treasurer,  who  shall 
give  bond  for  the  faithful  performance  of  his  duties,  and  in  such  sum  as  shall  be 
determined  by  the  board:  Provided,  That  the  treasurer  shall  not  be  a  member  of 
the  board  of  supervisors,  nor  a  professor  or  other  officer  or  other  employee  of  the 
university:  And  provided  further ,  That  the  treasurer  shall  never  be  interested, 
directly  or  indirectly,  in  any  contract  for  furnishing  supplies  or  articles  of  any 
kind  to  the  university,  or  have  any  business  transactions  with  or  on  account  of 
the  university  that  tend  directly  or  indirectly  to  his  own  personal  profits;  nor 
shall  any  money  ever  be  paid  to  the  treasurer  in  his  personal  capacity,  or  on 
account  of  the  university,  except  what  may  be  his  salary  or  compensation  as 
treasurer. 

SEC.  11.  The  board  of  supervisors  shall  have  power  to  engage  a  president  and 
other  professors  and  all  other  officers  necessary  for  conducting  the  literary,  scien- 
tific, military,  and  technical  departments,  and  all  the  financial  and  civil  concerns 
and  interests  of  the  university,  and  to  remove  and  displace  the  same  at  pleasure; 
to  fix  and  regulate  the  salaries  of  the  professors  and  all  other  officers,  and  to 
determine  all  other  changes,  excepting  that  there  shall  be  no  fee  for  tuition  or  for 
the  use  of  the  library,  apparatus,  laboratory,  cabinets,  museum,  workshop,  experi- 
mental farm,  or  other  educational  appliances  charged  to  any  student  or  cadet;  to 
establish  rules  for  the  good  government  and  discipline  of  the  students  or  cadets; 
to  prescribe  the  duties  of  all  officers,  employees,  servants,  and  others;  to  confer 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  85 

diplomas,  upon  the  recommendation  of  the  president  and  faculty,  on  students  for 

Eroficiency  in  any  branch  of  literature  or  science  or  department  of  learning,  and 
i  general  to  make  all  rules  and  regulations  which  may  be  deemed  necessary  for 
the  proper  government  of  the  university,  and  for  promoting  the  objects  for  which 
it  has  been  founded.  But  nothing  in  this  act  shall  be  construed  as  obligating  the 
State  to  pay  any  debt  contracted  by  the  board  of  supervisors  in  case  it  should  at 
any  time  exceed  the  appropriation  made  for  the  institution,  nor  shall  any  of  the 
property  of  the  university  ever  be  seized  and  sold  to  pay  any  debt  of  the  institu- 
tion by  virtue  of  any  decree  of  court.  The  title  to  all  property  owned  and  held 
by  the  Louisiana  State  University  and  Agricultural  and  Mechanical  College  is 
hereby  declared  to  vest  in  the  State  of  Louisiana. 

SEC.  12.  There  shall  be  maintained  in  the  Louisiana  State  University  and  Agri- 
cultural and  Mechanic- al  College,  as  hereinbefore  constituted  and  established :  (1) 
Schools  of  literature,  including  the  languages  of  the  principal  nations  of  ancient 
and  modern  times,  philosophy,  logic,  rhetoric,  and  elocution,  history,  ethics,  meta- 
physics, and  such  other  and  special  branches  of  learning  as  the  board  of  super- 
visors may  determine;  (2)  schools  of  science,  including  mathematics,  astronomy, 
engineering,  architecture,  drawing,  physics,  chemistry,  botany,  zoology,  agri- 
culture, mechanics,  mining,  navigation,  and  commerce,  and  such  other  special 
brunches  of  learning  as  the  board  of  supervisors  may  determine;  (3)  schools  of 
the  useful  and  fine  arts  and  of  military  science  and  art;  (4)  schools  of  medicine 
and  law;  (5)  such  other  schools  as  the  board  of  supervisors  may  establish. 

SEC.  13.  The  board  of  supervisors  may  affiliate  with  the  Louisiana  State  Uni- 
versity and  Agricultural  and  Mechanical  College  any  incorporated  university  or 
college  or  school  of  medicine,  law,  or  other  special  course  of  instruction,  upon 
such  terms  as  may  be  deemed  expedient;  and  such  university,  college,  or  school 
may  retain  the  control  of  its  own  property,  have  its  own  board  of  triistees,  facul- 
ties, and  president,  respectively;  and  the  students  of  such  universities,  colleges, 
or  schools  recommended  by  the  respective  faculties  thereof  may  receive  from  the 
Louisiana  State  University  and  Agricultural  and  Mechanical  College  the  degrees 
of  those  universities,  colleges,  or  schools,  and  the  said  students  of  said  institutions 
of  It 'tilling  or  special  schools  thus  graduated  shall  rank  as  graduates  of  the 
Louisiana  State  University  and  Agricultural  and  Mechanical  College. 

SEC.  14.  It  shall  be  the  duty  of  the  board  of  supervisors  immediately  after  its 
organization  to  prescribe,  in  detail,  the  course  of  studies,  both  theoretical  and 
practical,  to  be  pursued  at  the  university  and  agricultural  and  mechanical  col- 
1886,  and  1<>  <lra\v  up  a  project  of  the  system  of  instruction  so  adopted. 

SEC.  15.  The  board  of  supervisors  shall  be  charged  with  the  purchase  of  all  the 
necessary  grounds  and  land  for  the  purpose  of  the  university  and  agricultural 
and  mechanical  college,  and  with  the  purchase  or  erection,  or  both,  as  may  be 
necessary,  of  all  requisite  buildings,  workshops,  laboratories,  and  other  fixtures 
and  contrivances  needed  for  the  academic,  military,  industrial,  or  other  depart- 
ments of  the  university  and  agricultural  and  mechanical  college,  and  with  the 
purchase  of  all  necessary  supplies  or  articles  for  the  use  of  the  university  and 
agricultural  and  mechanical  college:  Provided,  That  no  member  of  the  board  of 
supervisors  shall  have  any  personal  interest  in  any  contract  or  purchase  or  sales 
or  in  any  business  transaction  of  any  kind  whatever  for  or  on  account  of  said 
university  and  agricultural  and  mechanical  college;  and  said  board  of  super- 
visors shall  be  charged  with  the  care  and  preservation  of  all  the  buildings, 
grounds,  and  appurtenances  of  the  university  after  they  shall  have  been  provided. 

SEC.  16.  The  board  of  supervisors  are  hereby  empowered  to  lease  as  early  as  may 
be  practicable  and  invest  the  proceeds  thereof  in  the  stocks  of  the  State  of  Louisiana, 
or  in  the  stocks  of  the  United  States,  all  the  buildings  and  grounds  and  lands 
belonging  to  and  held  by  the  Louisiana  State  University,  as  it  was  established 
and  located  in  the  parish  of  Rapides  prior  to  the  passage  of  this  act,  and  to  sell  or 
lease  all  the  buildings  and  grounds  and  land  belonging  to  and  held  by  the  Louisi- 
ana Agricultural  and  Mechanical  College,  as  it  was  established  and  located  in  the 
parish  of  St.  Bernard  prior  to  the  passage  of  this  act;  and  said  stocks  or  bonds 
shall  be  deposited  for  safe-keeping  with  the  treasurer  of  the  State. 

SEC.  17.  For  the  endowment,  support,  and  maintenance  of  the  Louisiana  State 
University,  as  heretofore  created,  constituted,  and  established,  there  shall  be  and 
is  hereby  inviolably  appropriated  and  placed  at  the  disposal  of  the  board  of  super- 
visors thereof,  to  be  drawn  from  the  State  treasurer,  upon  the  order  of  the  presi- 
dent of  the  board,  made  upon  the  auditor  of  the  State,  countersigned  by  the 
secretary  of  the  board,  and  payable  to  the  order  of  the  treasurer  of  the  board  of 
supervisors,  all  the  interest  and  income  derived  and  to  be  derived  from  the  sales 
of  all  lands  granted  or  that  may  hereafter  be  granted  to  the  State  of  Louisiana  by 
the  United  States  for  the  use  of  a  seminary  of  learning,  and  all  the  interest  and 


86  EDUCATION    REPORT,  1901-1902. 

income  of  the  fund  derived  or  to  be  derived  from  the  sales  of  all  land  and  land 
scrip  granted,  or  that  may  hereafter  be  granted  to  the  State  of  Louisiana  by 
virtue  of  an  act  of  Congress  approved  July  2, 1862; «  and  all  the  interest  and  income 
of  the  funds  to  be  derived  from  the  lease  of  the  buildings,  grounds,  and  lands  in 
the  parish  of  Rapides  and  owned  by  or  held  for  the  use  of  the  Louisiana  State 
University,  as  it  existed  prior  to  the  passage  of  this  act;  and  from  the  sale  or 
lease  of  the  buildings,  grounds,  and  lands  in  the  parish  of  St.  Bernard  owned  by 
or  held  for  the  use  of  the  Louisiana  Agricultural  and  Mechanical  College,  as  it 
existed  prior  to  the  passage  of  this  act;  and  all  such  gifts,  grants,  contributions, 
and  other  donations  to  the  endowment  thereof  as  may  be  derived  from  any  and 
.all  sources. 

SEC.  18.  It  is  particularly  enjoined  upon  the  board  of  supervisors  of  this  univer- 
sity and  agricultural  and  mechanical  college  to  make  the  training  in  those 
branches  of  study  relating  to  agriculture  and  the  mechanic  arts  as  practical  as 
possible,  and  to  that  end  to  provide  the  necessary  workshops  and  laboratories, 
and  to  secure  suitable  land  in  the  vicinity  of  the  university  and  agricultural  and 
mechanical  college  for  an  experimental  farm.  For  the  purchase  of  an  experi- 
mental farm  the  board  of  supervisors  is  hereby  authorized  to  expend  a  sum  not 
exceeding  the  amount  specified  in  the  act  of  Congress  hereinbefore  mentioned,  viz, 
10  per  cent  upon  the  amount  received  by  the  State  as  the  proceeds  of  the  sale  of 
the  lands  and  the  land  scrip  donated  by  the  General  Government  of  the  United 
States. 

SEC.  19.  Immediately  after  the  passage  of  this  act  it  shall  be  the  duty  of  the 
governor  of  the  State  to  appoint  the  members  of  the  board  of  supervisors,  who 
shall  convene  within  ten  days  after  the  passage  of  this  act  at  Baton  Rouge,  in 
the  parish  of  East  Baton  Rouge,  for  the  purpo3e  of  electing  the  officers  of  the 
board  and  of  organizing  the  university  and  agricultural  and  mechanical  college, 
to  the  end  that  it  may  be  in  full  and  successful  operation  as  early  as  possible. 

SEC.  20.  At  the  regular  stated  meeting  in  December  of  each  and  every  year  the 
board  of  supervisors  shall,  through  the  governor  of  the  State,  make  a  report  in 
detail  to  the  legislature,  showing  the  true  condition  and  wants  of  the  university 
and  agricultural  and  mechanical  college,  and  recording  any  improvement  and 
experiments  made  in  agriculture  and  the  mechanic  arts,  with  their  costs  and 
results;  the  names  of  the  professors  and  students;  the  amount  of  receipts  and  dis- 
bursements, together  with  the  nature,  costs,  and  results  of  all  important  scientific 
investigations  and  experiments  in  the  useful  arts,  and  such  other  matters,  includ- 
ing State,  industrial,  and  commercial  statistics,  and  literary,  historical,  philolog- 
ical, philosophical  discussions  or  essays  as  may  be  deemed  important  or  useful, 
one  copy  of  which  shall  be  transmitted  to  all  the  other  colleges  which  shall  be 
endowed  under  the  provisions  of  an  act  of  Congress  of  July  2,  1862,  as  hereinbe- 
fore mentioned. 

SEC.  21.  The  president  of  the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College  shall  be  the  president  of  the  faculty  of  professors  thereof  and 
executive  head  of  the  institution  in  all  its  departments.  As  such  officer  he  shall 
have  authority,  subject  to  the  board  of  supervisors,  to  give  general  direction  to 
the  practical  affairs  and  scientific  investigations  of  the  university  and  agricul- 
tural and  mechanical  college,  and  in  the  recess  of  the  board  of  supervisors  to 
remove  any  employee  or  subordinate  officer  not  a  member  of  the  faculty,  and 
supply  for  the  time  any  vacancies  thus  created;  and  so  long  as  the  interests 
of  the  institution  require  it  he  shall  be  charged  with  the  duties  of  one  of  the 
professorships;  and  it  shall  be  the  duty  of  the  president  of  the  university  and 
agricultural  and  mechanical  college  to  make  to  the  State  superintendent  of  pub- 
lic instruction,  on  or  before  the  first  Monday  in  December  in  each  year,  and 
every  year,  a  report  in  detail  showing  the  progress  and  condition  of  the  univer- 
sity, the  names  of  the  professors  and  students,  the  nature,  costs,  and  results  of 
all  important  investigations  and  experiments,  and  such  other  matters,  including 
industrial,  economical,  philosophical,  and  educational  statistics  as  he  shall  deem 
useful. 

SEC.  22.  The  president  of  the  university  and  agricultural  and  mechanical  col- 
lege shall  be  specially  charged  with  the  discipline  of  the  university  and  agricul- 
tural and  mechanical  college,  and  be  held  responsible  for  the  good  order  of  the 
establishment,  and  especially  for  the  conduct  and  behavior  of  the  students  or 
cadets.  And  it  is  hereby  declared  not  to  be  the  intent  of  this  act  to  devolve  in 

a  The  funds  granted  to  the  State  of  Louisiana  by  an  act  of  Congress  approved  August  30, 
1890,  are  divided  between  the  Louisiana  State  University  and  Agricultural  and  Mechanical  Col- 
lege and  the  Southern  University  (for  colored  students)  on  the  basis  of  the  school  population  of 
the  two  races. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  87 

any  way  upon  the  professor,  as  such,  or  upon  the  faculty  of  professors,  the  main- 
tenance of  good  order  and  discipline  among  the  students  or  cadets,  or  to  hold  them 
responsible  for  the  conduct  or  behavior  of  the  cadets  or  students  outside  of  their 
class  or  lecture  rooms  and  during  the  time  of  recitation,  or  study,  or  lecture;  and 
it  is  particularly  enjoined  upon  the  board  of  supervisors  to  delegate  to  the  presi- 
dent of  the  university  and  agricultural  and  mechanical  college,  and  through  him 
to  such  assistant  disciplinarians  as  may  be  assigned  him  from  among  the  profes- 
sors and  assistant  professors,  sufficient  authority  to  enable  him  to  maintain  proper 
discipline  and  good  order,  and  to  meet  promptly  and  efficiently  the  great  respon- 
sibility hereby  imposed  on  him.  No  student  or  cadet  shall  ever  be  tried  by  the 
faculty  or  professors  or  by  any  committee  of  professors  for  any  breach  of  disci- 
pline or  other  misconduct.  But  no  provision  of  this  section  or  this  act  shall  be 
construed  as  militating  against  a  proper  subordination  of  professors  or  other 
officers  to  the  president  of  the  university  and  agricultural  and  mechanical  college, 
and  the  necessity  of  obeying  all  the  rules  and  orders  which  he  may  impose  on 
them  in  virtue  of  the  provisions  of  this  act,  and  of  the  rightful  authority  dele- 
gated to  him  by  the  board  of  supervisors,  as  hereby  enjoined  upon  the  board;  and 
the  president  of  the  university  and  agricultural  and  mechanical  college  shall  have 
the  power  to  assemble  the  faculty  or  any  committee  or  number  of  the  professors 
at  any  time  he  may  see  fit  for  consultation  or  advice  or  other  action,  on  any  subject- 
matter  he  may  choose  to  lay  before  them,  provided  only,  that  in  all  matters  of 
discipline  and  relating  to  the  conduct  and  behavior  of  students  and  cadets  the 
president  alone,  and  not  the  faculty  or  any  professor,  shall  decide  and  act. 

SEC.  23.  The  State  of  Louisiana  in  its  corporate  capacity  may  take  by  grant, 
gift,  devise,  or  bequest  any  property  for  the  use  of  the  Louisiana  State  Univer- 
sity and  Agricultural  and  Mechanical  College,  or  any  school  thereof,  or  of  any 
professorship,  chair,  or  scholarship  therein,  or  for  the  library,  museum,  observa- 
tory, workshops,  experimental  farm,  apparatus,  cabinet,  or  for  any  purpose 
appropriate  to  the  university  and  agricultural  and  mechanical  college;  and  such 
property  shall  be  taken,  received,  held,  managed,  and  invested,  and  the  proceeds 
thereof  used,  bestowed,  and  applied  by  the  said  bostrd  of  supervisors  for  the  pur- 
poses, provisions,  and  conditions  prescribed  by  the  respective  grant,  gift,  devise, 
or  bequest,  and  in  accordance  with  the  provisions  of  sections  5,  11,  and  17  of 
this  act. 

SEC.  25.  The  board  of  supervisors  may  invest  any  of  the  permanent  funds  of  the 
Louisiana  State  University  and  Agricultural  and  Mechanical  College  which  are 
now,  or  m-'iy  lion  -after  l>e,  in  its  custody,  in  productive,  unincumbered  real  estate 
in  this  State,  subject  to  the  power  of  the  legislature;  to  control  or  change  such 
iiivi'stiiu'iifrs,  excepting  such  as  by  the  provisions  of  previous  sections  of  this  act, 
or  by  the  terms  of  their  acquisition  must  be  otherwise  invested. 

SEC.  26.  If,  by  the  terms  of  any  grant,  gift,  devise,  or  bequest,  such  as  are 
hereinbefore  described  in  sections  23  and  24  of  this  act,  conditions  are  imposed 
which  are  impracticable  under  the  provisions  of  the  revised  statutes  of  this  State, 
such  grants,  gifts,  devise,  or  bequest  shall  not  thereby  fail,  but  such  conditions 
shall  be  rejected  and  the  intent  of  the  donor  carried  out  as  near  as  may  be. 

Acts  1886,  No.  100:  SECTION  1.  Each  parish  as  now  created  or  that  may  here- 
after be  created  in  the  State  shall  have  the  right  to  delegate  to  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  one  beneficiary  cadet, 
and  the  city  of  New  Orleans  shall  have  the  right  to  delegate  to  said  institution 
17  beneficiary  cadets,  or  one  from  each  ward  of  said  city;  said  beneficiaries  to 
remain  at  said  institution  four  years,  unless  sooner  graduated  or  otherwise  dis- 
charged: Provided,  That  no  beneficiary  cadet  shall  be  permitted  to  resign  from 
said  institution  without  the  consent  of  the  board  of  supervisors  thereof,  which 
consent  shall  be  given  only  in  a  case  of  urgent  necessity,  such  as  serious  and  long 
protracted  ill  health,  duly  declared  by  the  certificate  of  the  surgeon  of  said  institu- 
tion, or  other  competent  physician,  to  be  of  such  nature  as  to  render  it  impossible 
for  said  cadet  to  pursue  his  studies  with  advantage. 

SEC.  2.  The  police  jury  of  each  parish  and  the  city  council  of  New  Orleans, 
respectively,  may,  at  a  regular  meeting,  elect  the  number  of  beneficiary  cadets  to 
which  said  parish  or  city  is  entitled  as  aforesaid,  of  such  age  and  qualifications  as 
may  be  prescribed  by  the  board  of  supervisors  for  admission  to  one  of  the  college 
classes  of  said  university  and  agricultural  and  mechanical  college,  and  shall  cause 
the  beneficiary  so  selected  to  report  in  person  to  said  institution  on  or  before  said 
5th  day  of  October:  Provided,  That  said  beneficiary  cadets  shall  be  selected  from 
the  number  of  those  residents  of  said  parish  or  of  said  city  who  have  not  them- 
selves, nor  have  their  parents,  the  means  of  defraying  the  whole  of  their  necessary 
expenses  of  maintenance  and  support  at  said  institution,  which  facts  shall  be  duly 


88  EDUCATION    EEPOET,   1901-1902. 

certified  to  the  president  of  said  institution  by  the  president  of  said  police  jury  or 
said  city  council  of  New  Orleans  as  true,  to  the  best  of  his  knowledge  and  belief. 

SEC.  3.  For  the  maintenance  and  board  of  said  beneficiaries  in  said  institution 
the  sum  of  $10,710  is  appropriated  annually,  for  two  years,  out  of  any  funds  in* 
the  treasury  not  otherwise  appropriated. 

SEC.  4.  For  the  maintenance  and  board  of  said  beneficiaries  in  said  institution 
the  police  juries  of  the  several  parishes  and  the  city  council  of  the  city  of  New 
Orleans  are  authorized  and  empowered  to  appropriate  out  of  their  respective 
treasuries  a  sufficient  sum  to  defray  the  necessary  expenses  of  said  cadets  as 
appointed  under  the  provisions  of  this  act:  Provided,  That  the  expense  of  no  cadet 
shall  exceed  $250  per  annum:  Provided  further,  That  under  no  circumstances 
shall  any  part  of  this  sum  be  paid  by  the  State. 

SEC.  5.  In  order  to  take  advantage  of  the  right  granted  to  each  parish  and  to 
the  city  of  New  Orleans  in  section  1  of  this  act,  each  parish  and  said  city  shall 
make  an  appropriation  of  $150  per  annum  out  of  any  money  in  its  treasury  for  the 
maintenance  and  board  in  said  institution  of  each  beneficiary  cadet  delegated  by 
said  parish  or  said  city,  said  sum  to  be  paid  to  the  treasurer  of  such  institution 
before  the  admission  of  said  cadet;  and  the  power  to  make  such  appropriation  is 
hereby  granted  to  the  police  juries  of  the  several  parishes  and  to  the  city  council 
of  New  Orleans. 

Acts  of  1888,  No.  100:  Gives  legislative  assent  to  grants  of  money  by  Congress  to  establish 
"agricultural  experiment  stations"  and  ratines  the  resolutions  adopted  on  April  5,  1887,  by  the 
board  of  supervisors  of  the  Louisiana  State  University  and  Agricultural  and  Mechanical  College, 
in  connection  therewith. 

Acts  1892,  No.  17:  Provides  "that  full  and  complete  acceptance,  ratification,  and  assent  are 
hereby  made  "  by  the  State  to  an  act  of  Congress  (July  2,  1862  «)  applying  a  portion  of  the  pro- 
ceeds of  public  lands  to  the  endowment  of  colleges  for  the  benefit  of  agriculture  and  the  mechanic 
arts. 

SEC.  1331.  The  "State  Seminary  of  Learning, "6  established  near  the  town  of 
Alexandria,  in  the  parish  of  Rapides,  shall  be  hereafter  designated  as  "  The  Lou- 
isiana State  Seminary  of  Learning  and  Military  Academy,"  and  shall  be  under  the 
direction  and  control  of  fourteen  supervisors,  who  shall  be  a  body  corporate  under 
the  style  and  title  of  the  "  Board  of  Supervisors  of  the  Louisiana  State  Seminary 
of  Learning  and  Military  Academy,"  with  the  right  as  such  to  use  a  common  seal, 
and  who  shall  be  capable  in  law  to  receive  all  donations,  subscriptions,  and  bequests 
in  trust  for  said  seminary  and  academy,  and  to  receive  all  debts  which  may  become 
the  property  of  said  seminary  and  academy,  and  to  sue  and  be  sued  in  courts  of 
justice,  and  in  general  to  do  all  acts  for  the  benefit  of  the  seminary  and  academy 
which  are  incident  to  bodies  corporate. 

SEC.  1332.  The  governor  of  the  State  shall  be  ex  officio  president  of  the  board  of 
supervisors,  and  the  chief  justice  of  the  supreme  court,  the  superintendent  of  pub- 
lic education,  and  [the]  State  engineer  shall  be  ex  pflficio  members  of  said  board. 
The  remaining  ten  members  thereof  shall  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate,  for  four  years,  and  they  shall  continue 
to  exercise  the  duties  of  their  office  until  their  successors  are  qualified,  and  they 
shall  be  removed  by  the  same  power  and  in  the  same  manner  as  provided  for  in 
their  appointment.  The  governor  shall  select  said  remaining  members  as  fol- 
lows. *  *  * 

SEC.  1334.  The  board  of  supervisors  shall  have  power  to  engage  a  superintendent 
and  other  professors  and  all  other  officers  necessary  for  conducting  the  literary, 
financial,  and  civil  concerns  and  interests  of  the  said  seminary  and  academy,  and 
to  remove  the  same  at  pleasure;  to  fix  and  regulate  the  salaries  of  the  professors 
and  all  other  officers,  tuition  fees,  and  all  other  charges;  to  establish  rules  for 
the  good  government  and  discipline  of  the  students;  to  prescribe  the  duties  of 
all  officers,  servants,  and  others;  to  confer  diplomas,  upon  the  recommendation 
of  the  superintendent  and  faculty,  on  students  for  proficiency  in  any  branch  of 
science  or  department  of  learning,  and  in  general  to  make  all  rules  and  regula- 
tions which  may  be  deemed  necessary  for  the  proper  government  of  the  said 
seminary  and  academy  and  for  promoting  the  objects  for  which  it  was  founded, 
but  nothing  in  this  act  shall  be  construed  as  obligating  the  State  to  pay  any 
debts  contracted  by  the  board  of  supervisors  in  case  they  should  at  any  time 
exceed  the  appropriation  made  for  the  support  of  said  seminary  and  academy. 

SEC.  1335.  In  the  course  of  study  pursued  at  the  said  seminary  and  academy  the 
board  of  supervisors  shall  cause  instruction  to  be  given  in  the  military  branches 
of  science,  the  students  shall  be  styled  "  cadets,"  and  shall  compose  a  military  corps 

<«  August  30,  1890. 

b  Subsequently  known,  by  an  act  of  1870.  as  the  Louisiana  State  University.  Gen.  W.  T.  Sher- 
man was  its  first  superintendent. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  89 

under  the  command  of  the  superintendent  and  snch  other  professors  as  may  be 
assigned  to  that  branch  of  instruction.  They  shall  constitute  a  gnard  to  all  pub- 
lic property,  arms,  or  munitions  now  there  or  which  may  be  hereafter  assembled 
there,  and  the  superintendent  shall  receipt  for  all  such  property,  arms,  or  muni- 
tions, and  obey  all  orders  relative  to  their  preservation  or  delivery  he  may  receive 
from  the  governor  of  the  State. 

SEC.  1336.  The  governor  of  the  State  shall  cause  to  be  issued  to  the  superintend- 
ent a  commission  as  colonel,  and  to  such  other  professors  as  may  be  assigned  to 
command  commissions  as  majors,  captains,  or  lieutenants,  according  to  the 
strength  of  the  command;  that  such  commissions  shall  not  entitle  the  holders  to 
any  rank  in  the  militia  of  the  State  or  to  any  claims  whatever  to  compensation 
other  than  what  is  attached  to  their  positions  as  professors. 

SEC.  1340.  The  board  of  supervisors  shall  at  their  first  meeting  elect  a  secretary, 
who  shall  record,  attest,  and  preserve  their  proceedings,  and  a  treasurer,  who  shall 
give  bond  for  the  faithful  performance  of  his  duties,  and  in  such  sum  as  shall  be 
determined  by  the  board. 

SEC.  1341.  It  shall  be  the  duty  of  the  board  of  supervisors,  immediately  after 
their  organization,  to  prescribe  the  course  of  studies  to  be  pursued  at  the  semi- 
nary, the  number  of  professors,  and  to  draw  up  a  project  of  the  system  so 
adopted. 

SEC.  1342.  The  board  of  supervisors  shall  at  all  times  conform  to  such  laws  as 
the  legislature  may  from  time  to  time  enact  for  their  government,  and  the  said 
seminary  shall  in  all  things  and  at  all  times  be  subject  to  the  control  of  the  leg- 
islature; and  the  said  board  of  supervisors  shall  make  an  annual  report  to  the 
legislature  during  the  first  week  of  the  session,  embracing  a  full  account  of  the 
disbursements  and  a  general  statement  of  the  condition  of  said  seminary. 

SEC.  1343.  No  gambling  house  or  drinking  saloon  or  store  for  the  barter  or  sale 
of  any  kind  of  merchandise  whatsoever  shall  be  established  within  2  miles  of  said 
institution. 

.  1344.  It  shall  be  the  duty  of  the  board  of  supervisors  of  the  Louisiana  State 
Seminary  of  Learning  and  Military  Academy  to  require  the  professor  of  engineer- 
ing and  the  professors  of  chemistry,  mineralogy,  and  geology  to  spend  not  less 
than  four  months  of  every  year  in  making  jointly  a  topographical  and  geological 
survey  of  the  State  of  Louisiana  till  the  whole  work  is  completed  to  the  satisfac- 
tion of  the  legislature. 

SEC.  1345.  It  shall  be  the  duty  of  said  professor  of  engineering  and  chemistry 
to  make,  on  the  31st  day  of  December  of  each  year,  detailed  reports,  with  the  nec- 
essary maps  and  diagrams  of  their  survey,  to  the  superintendent  of  said  institu- 
tion, and  it  shall  be  the  duty  of  said  superintendent  to  forward  said  reports  with 
his  own  annual  report  to  the  board  of  supervisors  for  transmittal  to  the  legisla- 
ture in  the  annual  report  of  said  board. 

SEC.  1346.  It  shall  be  the  duty  of  the  superintendent  of  said  institution  to  con- 
sider the  topographical  and  geological  survey  of  the  State  as  herein  provided  for 
as  a  part  of  the  regular  duties  of  said  institution  and  to  superintend  the  same 
accordingly. 

SEC.  1347.  Said  professors  of  engineering  and  chemistry  *  *  *  be  allowed  each 
the  sum  of  $500  for  necessary  traveling  expenses  while  in  the  performance  of  said 
duties,  to  be  paid  to  the  treasurer  of  said  institution  on  the  warrant  of  the  presi- 
dent or  vice-president  of  said  board  of  supervisors. 

Acts  1880,  No.  87.  SECTION  1.  There  shall  be  established  in  the  city  of  New 
Orleans  a  university  for  the  education  of  persons  of  color,  to  be  named  and  entitled 
the  "  Southern  University."  « 

SEC.  2.  The  said  university  shall  be  governed  and  directed  by  a  board  of  trustees, 
to  be  composed  of  twelve  members,  who  shall  be  appointed  by  the  governor  by  and 
with  the  advice  and  consent  o£  the  senate:  Provided,  That  at  least  four  of  said 
board  of  twelve  shall  be  appointed  from  the  colored  race;  vacancies  shall  be  filled 
in  a  similar  manner.  The  members  of  the  board  shall  be  appointed  to  serve  dur- 
ing four  years,  but  any  member  failing  to  attend  two  successive  regular  meetings 
of  the  board  shall,  except  in  case  of  sickness  or  other  good  cause,  be  considered  no 
longer  a  member  of  said  board,  and  the  governor,  on  receiving  official  notice  of 
such  absence  from  the  president  of  the  board,  whose  duty  it  shall  be  to  report  the 
same,  shall  immediately  fill  the  vacancy  in  the  manner  prescribed. 

SEC.  3.  Six  members  of  said  board,  at  a  stated  or  regularly  called  session,  shall 
constitute  a  quorum. 


« The  constitution  (art.  256)  recognizes  the  Louisiana  State  Normal  School  *  *  *  and  the 
Southern  University,  now  established  in  the  city  of  New  Orleans  for  the  education  of  persons 
of  color;  and  in  the  case  of  the  Southern  University  no  annual  appropriation  for  maintenance 
and  support  shall  exceed  $10,000. 


90  EDUCATION   REPORT,  1901-1902. 

SEC.  4.  Said  board  of  trustees  shall  be  empowered  to  elect  from  among  their  own 
members  a  president  and  vice-president  of  the  board,  a  secretary,  and  treasurer; 
the  treasurer  shall  give  bond  in  the  sum  of  $10,000  for  the  faithful  performance 
of  his  duties,  and  shall  pay  out  money  only  upon  warrants  issued  by  the  president 
of  the  board,  countersigned  by  the  president  of  the  faculty:  Provided,  That  the 
treasurer  shall  not  be  a  professor  or  other  officer  or  employee  of  the  university, 
and  shall  not  be  interested,  directly  or  indirectly,  in  any  contract  for  furnishing 
supplies  or  articles  of  any  kind  to  the  university:  Provided  further,  That  at  the 
discretion  of  the  board  the  two  offices  of  secretary  and  treasurer  may  be  combined 
in  one  person. 

SEC.  5.  Said  board  of  trustees  shall  be  empowered  to  enact  general  rules  and 
by-laws  for  the  said  university  in  all  its  departments,  and  to  elect  a  president  of 
the  faculty,  professors,  and  teachers,  and  determine  their  compensation;  also,  all 
officers  and  employees  that  may  be  necessary,  and  prescribe  their  duties  and 
compensation. 

SEC.  6.  Said  university  shall  be  organized  as  a  corporation  under  the  general 
laws  of  the  State  of  Louisiana,  and  the  trustees  thereof  shall  be  capable  in  law  to 
receive  all  donations,  trusts,  and  bequests  made  to  the  "Southern  University," 
and  manage  the  same,  to  sue  and  be  sued  in  courts  of  justice,  and  to  do  all  other 
acts  in  the  premises  incident  to  such  trustees. 

SEC.  7.  There  shall  be  established  by  said  board  of  trustees  a  faculty  of  arts  and 
letters,  which  shall  be  competent  to  instruct  in  every  branch  of  a  liberal  educa- 
tion, and  under  rules  of  and  in  concurrence  with  the  board  of  trustees,  to 
graduate  students  and  grant  all  degrees  appertaining  to  letters  and  arts  known  to 
universities  and  colleges  in  Europe  and  America  on  persons  competent  and  deserv- 
ing the  same.  There  may  also  be  established  by  said  board  of  trustees  a  depart- 
ment of  law  and  medicine.  The  department  of  law  shall  consist  of  three  or  more 
learned  professors,  learned  and  skilled  in  the  practice  of  law  in  this  State,  who 
shall  be  required  to  give  a  full  course  of  lectures  on  international,  constitutional, 
commercial,  and  municipal  or  civil  law,  and  instruction  in  the  practice  thereof. 
The  medical  department  of  the  university  shall  consist  of  not  less  than  three 
professors.  They  shall  be  appointed  by  the  board  of  trustees  from  regular  prac- 
ticing physicians  of  the  State.  The  degree  of  bachelor  of  law  and  doctor  of  med- 
icine, granted  by  them,  shall  authorize  the  person  on  whom  it  is  conferred  to 
practice  law  and  physic  and  surgery  in  this  State  (as  amended  by  act  90, 1888). 


CHAPTER  II. 

GENERAL  LAWS  RELATING  TO  AGRICULTURAL  AND 
MECHANICAL  LAND  GRANT  COLLEGES. 

[This  compilation  forms  a  continuation  of  that  which  appeared  in  the  Commissioner's  Report 
of  1902  (Chap.  I,  pp.  1-90),  and  which  included  the  acts  of  Congress  relating  to  the  land  grant 
colleges  and  the  laws  of  Alabama,  Arizona,  Arkansas,  California,  Colorado,  Connecticut,  Dela- 
ware, Florida,  Georgia,  Idaho,  Illinois,  Indiana,  Iowa,  Kansas,  Kentucky,  and  Louisiana.] 


MAINE. 

Constitution  (1820):  ART.  VIII.  A  general  diffusion  of  the  advantages  of  educa- 
tion being  essential  to  the  preservation  of  the  rights  and  liberties  of  the  people, 
to  promote  this  important  object,  the  legislature  is  authorized,  and  it  shall  be 
their  duty  to  require  the  several  towns  to  make  suitable  provision,  at  their  own* 
expense,  for  the  support  and  maintenance  of  public  schools;  and  it  shall  further 
be  their  duty  to  encourage  and  suitably  endow,  from  time  to  time  as  the  circum- 
stances of  the  people  may  authorize,  all  academies,  colleges,  and  seminaries  of 
learning  within  the  State:  Provided,  That  no  donation,  grant,  or  endowment  shalj 
at  any  time  be  made  by  the  legislature  to  any  literary  institution  now  establishedr 
or  which  may  hereafter  be  established,  unless  at  the  time  of  making  such  endow- 
ment the  legislature  of  the  State  shall  have  the  right  to  grant  any  further  powers 
to  alter,  limit,  or  restrain  any  of  the  powers  vested  in  any  such  literary  institution* 
as  shall  be  judged  necessary  to  promote  the  best  interests  thereof. 

[The  matter  which  follows  is  taken  from  the  Revised  Statutes  of  the  State  of  Maine,  passed5 
AutfuM  ••.*.».  lxs:>.  .-ind  a  Supplement  to  the  Revised  Statutes  of  the  State  of  Maine,  for  the  years 
1885-1895,  inclusive,  by  Ettas  Dudley  Freeman,  esq.  Portland,  1895.] 

Chapter  11:  SEC.  123.  Presidents  of  colleges  are  removable  at  the  pleasure  of 
the  trustees  and  overseers,  whose  concurrence  is  necessary  for  their  election. 

SEC.  124.  No  officer  of  a  college  shall  receive  as  perquisites  any  fees  for  a  diploma 
or  medical  degree  conferred  by  such  college,  but  such  fees  shall  be  paid  into  the 
college  treasury. 

SEC.  125.  If  an  innholder.  confectioner,  or  keeper  of  a  shop,  boarding  house,  or 
livery  stable  gives  credit  for  food,  drink,  or  horse  or  carriage  hire  to  any  pupil  of 
a  college  or  literary  institution  in  violation  of  its  rules  or  without  the  consent  of 
its  president  or  other  officer  authorized  thereto  by  its  government,  he  forfeits  a 
sum  equal  to  the  amount  so  credited,  whether  it  has  been  paid  or  not,  to  be  recov- 
ered in  an  action  of  debt  by  the  treasurer  of  such  institution:  half  to  its  use  and 
half  to  the  town  where  it  is  located;  and  no  person  shall  be  licensed  by  the  munic- 
ipal officers  for  any  of  said  employments  if  it  appears  that  within  the  preceding 
year  he  had  given  credit  contrary  to  the  provisions  hereof. 

Chapter  58:  SECTION  1.  The  Maine  board  of  agriculture  for  the  improvement  of 
agriculture  and  the  advancement  of  the  general  interests  of  husbandry  consists  of 
the  president  and  the  professor  of  agriculture  of  the  State  College  of  Agriculture 
and  the  Mechanic  Arts,  together  with  one  person  from  each  county  elected  by 
ballot  by  any  county  agricultural  or  horticultural  society  at  its  annual  or  other 
meeting  called  for  the  purpose,  and  they  hold  their  offices  for  three  years  from  the 
third  Wednesday  of  January  thereafter. 

SEC.  4.  The  board,  by  its  secretary  and  one  of  its  members,  shall  hold  annually 
two  farmers'  institutes  in  each  county  and  as  many  more  as  it  deems  expedient  or 
finds  practicable  with  the  means  at  its  disposal  for  the  public  discussion  of  topics 
relating  to  husbandry  and  the  best  methods  of  building  and  maintaining  public 
ways,  either  independently  or  in  connection  with  any  organization  devoted  to  the 
same  general  object,  and  it  may  issue  bulletins,  employ  experts,  lecturers,  a 

39 


40  EDUCATION   REPOKT,  1903. 

reporter,  or  other  aids  to  enhance  the  usefulness  of  said  institutes  to  the  public, 
and  shall  so  far  as  practicable  aid  and  encourage  agricultural  societies  and  asso- 
ciations in  their  efforts. 

SEC.  5.  It  shall  also  be  the  duty  of  the  board  with  such  experts,  lecturers,  and 
assistants  as  it  may  employ,  by  means  of  maps,  charts,  cuts,  drawings,  printed  or 
written  articles,  lectures,  or  otherwise,  to  disseminate  knowledge  throughout  the 
State  concerning  the  best  known  methods  for  the  building  and  maintaining  of  high- 
ways, including  bridges  and  sidewalks  in  the  cities  and  towns  of  the  State,  and 
particularly  to  impart  such  information,  in  manner  as  aforesaid,  to  the  county 
commissioners  of  counties,  the  street  commissioners  of  cities,  the  selectmen  of 
towns,  and  other  municipal  officers  whose  duty  it  may  be  to  have  the  care  and 
management  of  the  expenditures  of  money  and  the  building  and  keeping  in  repair 
of  the  highways  of  the  State.  The  members  shall  receive  no  compensation  for 
time  and  services,  but  shall  be  reimbursed  for  expenses  incurred  in  the  discharge 
of  their  duties  $3  a  day  for  subsistence  and  6  cents  a  mile  for  travel.  The  whole 
expenses  under  this  section  shall  not  exceed  $3,500  annually.  (As  amended  by 
chapter  266  in  the  acts  of  1897.) 

Chapter  6.  [Property  exempted  from  taxation]:  All  property  which  by  the 
articles  of  separation  is  exempt  from  taxation,  the  personal  property  of  all  benevo- 
lent and  charitable  institutions  incorporated  by  the  State,  the  real  estate  of  all 
literary  and  scientific  institutions  occupied  by  them  for  their  own  purposes  or  by 
any  officer  thereof  as  a  residence,  *  *  *  and  any  college  in  this  State  author- 
ized under  its  charter  to  confer  the  degree  of  bachelor  of  arts  or  bachelor  of  science 
and  having  real  estate  liable  to  taxation  shall,  on  the  payment  of  such  tax  and 

Sroof  of  the  same  to  the  satisfaction  of  the  governor  and  council,  be  reimbursed 
rom  the  State  treasury  to  the  amount  of  the  tax  so  paid:  Provided,  however,  The 
aggregate  amount  so  reimbursed  to  any  college  in  any  one  year  shall  not  exceed 
$1,500:  And  provided  further,  That  this  claim  for  such  reimbursement  shall  not 
apply  to  real  estate  hereafter  bought  by  any  such  college. 

Acts  and  Resolves,  1863,  chapter  275,  Resolves:  Full  assent  is  hereby  given  to 
the  provisions  and  conditions  of  the  act  passed  at  the  second  session  of  the  Thirty- 
seventh  Congress  and  approved  July  2, 1862,  and  the  same  is  hereby  accepted,  and 
the  governor  is  hereby  authorized  and  directed  to  notify  the  President  of  the 
United  States  of  said  acceptance  by  the  State  of  Maine  and  to  receive  from  the 
Secretary  of  the  Interior  the  scrip  for  Maine's  proportion  of  210,000  acres  of  land 
donated  by  said  act  and  to  hold  the  same  subject  to  the  order  of  the  legislature. 
(Approved  March  25,  1863.) 

Ibid.,  1864,  chapter  342,  Resolves:  Whereas,  information  has  been  received  from 
Governor  Corey  of  the  reception  of  the  land  scrip  issued  for  the  benefit  of  the  agri- 
cultural college  under  the  law  of  Congress  approved  July  2 , 1862 ;  and  whereas  a  sug- 
gestion of  concert  of  action  between  the  States  with  regard  to  the  sale  of  the  same 
has  been  made  by  Governor  Andrew  of  Massachusetts,  which  commends  itself  as 
a  wise  and  prudent  measure,  therefore  resolved  that  the  governor  of  this  State  is 
hereby  authorized  and  empowered  to  act  in  concert  with  the  governors  of  the  other 
States  in  selling  the  land  scrip  issued  to  this  State  for  the  benefit  of  an  agricultural 
college.  He  may  unite  with  them  in  the  employment  of  such  sailing  agents  in  the 
cities  of  New  York,  Philadelphia,  or  Boston  as  he  may  deem  expedient  and  fix 
the  price  per  acre  at  which  said  scrip  shall  be  sold  at  such  sum  as  may  be  mutually 
agreed  upon,  and  such  agents  so  employed  shall  receive  a  compensation  not  exceed- 
ing one-half  of  1  per  cent  on  sales.  All  moneys  received  for  the  sale  of  said  scrip 
shall ybe  paid  to  the  State  treasurer  and  be  by  him  invested  in  the  6  per  cent  stocks 
of  this  State  and  such  stock,  with  the  interest  accruing  thereon,  shall  be  inviolably 
held  for  the  sole  benefit  of  said  agricultural  college.  (Approved  March  24, 1864.) 

Ibid. ,  chapter  362,  Resolves:  Resolved,  That  the  governor  and  council  be  author- 
ized to  appoint  three  commissioners  whose  duty  it  shall  be  to  memorialize  Congress 
for  an  extension  of  the  term  during  which  the  college  for  the  benefit  of  agriculture 
and  the  mechanic  arts  may  be  provided.  Said  commissioners  are  also  hereby  author- 
ized and  directed  to  invite  and  receive  donations  and  benefactions  in  aid  of  said  col- 
lege, and  also  proposals  for  the  location  thereof,  to  visit  and  examine  all  such  pro- 
posed locations  when  so  directed  by  the  governor  and  council,  to  consider  the 
respective  advantages  of  all  such  locations,  to  entertain  all  propositions  which 
may  be  made  for  this  purpose,  to  confer  with  other  States  engaged  in  the  same 
enterprise,  and  to  learn  what  they  can  of  the  history,  present  working,  and  pros- 
pect of  usefulness  of  similar  institutions,  and  to  gather  all  such  other  information 
regarding  the  establishment  of  such  an  institution  as  they  may  be  able  to  do,  and 
report  thereon  to  the  next  legislature.  (Approved  March  25,  1864.) 

Acts  and  Resolves,  1865,  Private  and  Special  Acts:  SECTION  1.  Samuel  F.  Perley, 
etc.  (fifteen  other  persons),  are  hereby  constituted  a  body  politic  and  corporate,  by 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  41 

the  name  of  the  trustees  of  the  State  College  of  Agriculture  and  Mechanic  Arts, 
having  succession  as  hereinafter  provided,  with  power  to  establish  and  maintain, 
subject  to  the  provisions  and  limitations  of  this  act,  such  a  college  as  is  authorized 
and  provided  for,  by  the  act  of  the  Congress  of  the  United  States,  passed  on  the 
2d  day  of  July,  in  the  year  1862.  They  shall  be  entitled  to  receive  from  the  State 
the  income  which  shall  accrue  from  the  funds  granted  to  the  State  by  the  act 
aforesaid,  and  shall  apply  the  same,  together  with  all  such  income  as  they  shall 
receive  from  any  other  sources  to  the  maintenance  of  the  college  in  conformity 
with  the  act  of  Congress. 

SKC.  2.  The  trustees  shall  annually  elect  one  of  their  number  to  be  president  of 
the  board.  They  shall  appoint  a  clerk  and  treasurer,  both  of  whom  shall  be 
sworn ,  and  shall  hold  their  offices  at  the  pleasure  of  the  trustees.  The  clerk  shall 
record  all  proceedings  of  the  board,  and  copies  of  their  records  certified  by  him 
shall  be  evidence  in  all  cases  in  which  the  originals  might  be  used.  The  treasurer 
shall  be  required  to  give  suitable  bond,  and  to  renew  the  same  whenever  the 
trustees  shall  require. 

SEC.  5$.  The  governor  and  council  shall  at  all  times  have  the  power,  by  them- 
selves, or  such  committee  as  they  shall  appoint,  to  examine  into  the  affairs  of  the 
college,  and  the  doings  of  the  trustees,  and  to  inspect  all  their  records  and 
accounts,  and  the  buildings  and  premises  occupied  by  the  college.  Whenever  the 
governor  and  council  shall  have  reason  to  believe  that  the  trustees  are  exercising 
or  attempting  to  exercise  any  unlawful  powers,  or  unlawfully  omitting,  to  per- 
form any  legal  duty,  they  may  direct  the  attorney-general  to  institute  process 
against  the  trustees  in  their  corporate  capacity,  in  the  nature  of  a  complaint  in 
equity  before  the  supreme  judicial  court  in  the  county  in  which  the  college  may 
be  established,  and  the  court  after  notice,  shall  hear  and  determine  the  same,  by 
summary  proceeding  in  term  time,  or  by  any  judge  in  vacation,  and  may  make 
any  suitable  decree  peetrafaing  the  trustees  from  performing  or  continuing  the 
unlawful  acts  complained  of,  or  requiring  them  to  perform  whatever  is  unlaw- 
fully omitted,  and  may  enforce  such  decrees.  In  like  manner  a  complaint  may 
be  instituted  against  any  individual  trustee,  and  be  heard  in  the  county  where  he 
resides,  alleging  against  him  any  cause  deemed  by  the  governor  and  council  suffi- 
cient to  disqualify  him  for  the  trust;  and  if  in  the  judgment  of  the  court  such 
allegation  shall  be  sustained,  a  decree  shall  be  made  removing  such  trustee  from 
office,  and  his  place  shall  be  thereby  vacated. 

Si.(  .  4.  X<>  person  shall  be  a  trustee  who  is  not  an  inhabitant  of  this  State,  nor 
anyone  who  has  readied  the  age  of  70  years.  The  clerk  of  the  trustees  shall  give 
notice  of  all  vacancies  to  the  governor  and  council;  vacancies  occurring  in  any  of 
the  foregoing  modes,  or  by  the  resignation  or  decease  of  any  trustee,  shall  be  filled 
in  the  following  manner:  The  first  vacancy  that  shall  occur  shall  be  filled  by  the 
legislature  at  the  next  session  thereafter  by  joint  ballot  of  the  two  branches;  the 
second  vacancy  shall  be  filled  by  the  trustees  at  their  next  meeting;  and  all  suc- 
ceeding vacancies  shall  be  filled  in  like  manner,  alternately  by  the  legislature  and 
the  trustees. 

SEC.  5.  The  trust ei-s  in  their  corporate  capacity  may  take  and  hold  in  addition 
to  the  income  which  they  shall  receive  through  the  State  from  the  endowment 
made  by  Congress,  such  other  real  and  personal  property  as  may  be  granted  or 
devised  to  them  for  the  purpose  of  promoting  the  objects  of  this  act.  But  they 
shall  not  be  entitled  to  receive  any  benefactions  made  to  them  upon  conditions 
inconsistent  with  the  act  of  Congress  aforesaid  or  for  purposes  different  from 
what  is  therein  prescribed. 

SEC.  6.  The  governor  and  council  shall  take  measures,  as  soon  as  may  be  advan- 
tageously done  after  the  passage  of  this  act,  to  sell  the  land  scrip  received  by  this 
State  under  the  act  of  Congress,  and  to  invest  the  same  as  required  by  the  fourth 
section  of  said  act.  The  securities  shall  be  kept  by  the  State  treasurer,  and  he 
shall  report  annually  to  the  legislature  the  amount  and  condition  of  the  invest- 
ments, and  of  the  income  of  the  same.  He  shall  from  time  to  time,  as  the  income 
shall  accrue,  pay  over  the  same  to  the  treasurer  of  the  college. 

SEC.  7.  It  shall  be  the  duty  of  the  trustees,  as  soon  as  may  be  after  their  organ- 
ization, to  procure  a  tract  of  land  suitable  as  a  site  for  the  establishment  of  the 
college.  If  no  other  provision  shall  be  made  therefor,  there  shall  be  placed  at  the 
disposal  of  the  trustees  for  this  purpose,  such  proportion  as  the  governor  and 
council  may  deem  suitable  of  that  part  of  the  fund  which  is  authorized  by  the 
fifth  section  of  the  act  of  Congress  to  be  expended  for  the  purchase  of  lands  for 
sites  or  experimental  farms. 

SEC.  8.  The  trustees  shall  appoint  such  directors,  professors,  lecturers,  and 
teachers  in  the  college,  and  employ  such  other  persons  therein  from  time  to  time 
as  the  means  at  their  command  may  permit  for  the  accomplishment  of  the  objects 


42  EDUCATION   EEPORT,  1903. 

enumerated  and  described  in  the  fourth  section  of  the  act  of  Congress.  Every 
officer  and  every  person  employed  shall  hold  his  office  or  employment  at  the 
pleasure  of  the  trustees.  They  shall,  as  soon  as  may  be,  arrange  and  make  known 
the  several  courses  of  instruction  which  they  will  undertake  at  the  outset  of  the 
college,  and  shall  enlarge  and  improve  the  same  whenever  practicable,  subject  to 
the  limitations  prescribed  by  Congress.  They  shall  also  establish  the  qualifications 
for  admission  and  modify  the  same  as  circumstances  may  require.  But  no  stu- 
dent shall  be  admitted  into  or  continued  in  the  college,  nor  shall  any  person  be 
employed  in  any  office  or  service,  who  is  not  of  good  moral  character  and  pure  life. 

SEC.  9.  In  addition  to  the  instruction  which  is  to  be  giv^en  by  classes,  text- 
books, lectures,  and  apparatus,  in  such  branches  of  learning  as  are  related  to 
agriculture  and  the  mechanic  arts,  the  trustees  shall  provide,  as  fully  as  may  be, 
for  practical  experiments  and  demonstrations  of  scientific  principles  and  rules. 
They  shall  encourage,  and  for  due  proportions  of  time,  at  different  seasons  of  the 
year,  and  with  reference  to  other  exercises,  require  all  the  students  to  engage  in 
actual  labor  upon  the  lands  and  in  the  workshops  with  which  the  college  may  be 
furnished,  and  shall  provide  suitable  oversight  and  direction  in  such  labor,  so  that 
they  may  become  habituated  to  skillful  and  productive  industry. 

SEC.  10.  Military  tactics  shall  be  taught  during  some  suitable  part  of  each  year 
to  all  the  students,  and  they  shall  be  required  to  form  and  maintain  such  habits  of 
obedience  and  subordination  as  may  be  useful  to  them  if  called  into  military  serv- 
ice. The  adjutant-general  shall  be  authorized  to  furnish  to  the  college  for  mili- 
tary drill  such  arms  and  equipments,  not  needed  by  the  State  for  other  service, 
as  may  suffice  for  the  number  of  students.  He  shall  also  furnish  to  the  college  a 
United  States  flag. 

SEC.  11.  Such  other  studies  are  to  be  taught  within  the  limitations  of  the  act  of 
Congress  as  the  facilities  of  the  college  and  the  periods  of  instruction  will  permit. 

SEC.  12.  Students  who  satisfactorily  complete  any  one  or  more  of  the  prescribed 
courses  of  study  may  receive  public  testimonials  thereof,  under  the  direction  of 
the  trustees,  stating  their  proficiency. 

SEC.  13.  No  charge  shall  be  made  for  tuition  to  any  student  who  is  an  inhab- 
itant of  this  State,  and  the  trustees  and  all  persons  employed  by  them  shall  con- 
stantly endeavor,  by  the  adoption  of  judicious  and  effective  arrangements  in  all 
the  labor  departments  of  the  college,  to  reduce  the  cost  of  subsistence  to  the  stu- 
dents and  to  render  the  institution  as  far  as  possible  self-sustaining. 

SEC.  14.  It  shall  be  the  duty  of  the  trustees,  directors,  and  teachers  of  the  col- 
lege to  impress  on  the  minds  of  the  students  the  principles  of  morality  and  justice 
and  a  sacred  regard  to  truth;  love  to  their  country,  humanity,  and  universal 
benevolence;  sobriety,  industry,  and  frugality;  chastity,  moderation,  and  tem- 
perance, and  all  other  virtues  which  are  the  ornaments  of  human  society;  and 
among  other  means  to  promote  these  ends  and  to  secure  the  best  personal  improve- 
ment of  the  students  the  trustees  shall  provide,  as  fully  as  may  be  practicable, 
that  the  internal  organization  of  the  college  shall  be  on  the  plan  of  one  or  more 
well-regulated  households  and  families,  so  that  the  students  may  be  brought  into 
relations  of  domestic  intimacy  and  confidence  with  their  teachers. 

SEC.  15.  If  at  any  time  the  number  of  students  applying  for  admission  shall  be 
greater  than  the  means  of  the  trustees  will  enable  them  to  receive,  they  shall  make 
regulations  for  the  number  to  be  admitted,  having  reference  to  the  proportions  of 
population  in  the  several  senatorial  districts  of  the  State,  and  equalize  the  admis- 
sions according  to  such  proportions  as  nearly  as  may  be. 

SEC.  16.  The  trustees  shall  hold  a  regular  session  at  the  college  at  least  once  in 
each  year;  and  may  provide  for  periodical  visitations  by  committees.  No  trustee 
shall  receive  any  compensation  except  actual  traveling  expenses,  to  be  paid  from 
the  treasury  of  the  college. 

SEC.  17.  The  treasurer  of  the  college  shall  make,  as  often  as  once  in  six  months, 
a  detailed  report  of  all  receipts  and  expenditures,  and  the  trustees  shall  cause  the 
same  to  be  verified  by  full  inspection  and  settlement  of  all  his  accounts,  and  shall 
transmit  a  copy  of  the  same,  as  verified  by  them,  to  the  governor  and  council. 
The  trustees  shall  also  cause  to  be  made,  annually,  such  report  as  is  required  by 
the  fifth  section  of  the  act  of  Congress,  and  communicate  the  same  as  therein 
provided. 

SEC.  18.  The  legislature  shall  have  the  right  to  grant  any  further  powers,  to 
alter,  limit,  or  restrain  any  of  the  powers  vested  in  the  trustees  of  the  college 
established  by  this  act,  as  shall  be  judged  necessary  to  promote  the  best  interests 
thereof.  (Approved  February  25, 1865.; 

Acts  and  Resolves,  1866,  Private  and  Special  Laws,  chapter  59:  The  inhabitants 
of  Orono  are  hereby  authorized  to  raise  money  by  taxation  or  loan,  not  exceeding 
$11,000,  for  the  purchase  of  the  White  farm  and  the  Goddard  or  Frost  farm, 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  43 

so-called,  in  said  Orono,  and  convey  the  same,  or  cause  them  to  be  conveyed,  to 
the  trustees  of  the  Maine  State  College  of  Agriciilture  and  Mechanic  Arts:  Pro- 
vided, that  the  inhabitants  of  said  Orono,  at  a  legal  meeting  within  thirty  days 
from  the  approval  of  this  act,  by  a  vote  of  two-thirds  of  their  legal  voters  present 
and  voting,  shall  agree  thereto.  (Approved  February  9, 1866.) 

Ibid.,  chapter  66:  The  inhabitants  of  Oldtown  are  hereby  authorized  to  raise 
money  by  taxation  or  loan,  to  aid  in  the  purchase  of  land  in  Orono,  for  the  use  of 
the  State  College  of  Agriculture  and  Mechanic  Arts,  and  to  convey  the  same,  or 
cause  it  to  be  conveyed,  to  the  trustees  of  said  college:  Provided,  that  the  inhabi- 
tants of  said  Oldtown,  at  a  legal  meeting  within  thirty  days  from  the  approval  of 
this  act,  by  a  vote  of  two-thirds  of  their  legal  voters  present  and  voting,  shall 
agree  thereto.  (Approved  February  10,  1866.) 

Acts  and  Resolves,  1867,  Private  and  Special  Laws,  chapter  362:  SECTION  1.  No 
vacancy  occurring  in  the  board  of  trustees  of  the  State  College  of  Agriculture  and 
the  Mechanic  Arts  shall  hereafter  be  filled  until  the  number  of  said  trustees  shall  be 
less  than  seven;  and  thereafterwards  the  number  of  said  trustees  shall  be  seven 
and  no  more. 

SEC.  2.  The  appointment  of  the  new  board  of  trustees  shall  be  made  by  the  gover- 
nor, with  the  advice  and  consent  of  the  council.  As  soon  as  may  be,  after  the  new- 
board  of  trustees  shall  have  been  appointed,  they  shall  delegate  by  lot  one  of  their 
number  to  hold  office  one  year,  one  two  years,  one  three  years,  one  four  years, 
one  five  years,  one  six  years, "and  one  seven  years,  so  that  the  office  of  one  trustee 
shall  become  vacant  every  year.  And  thereafter  the  term  of  office  of  every  trustee 
shall  be  seven  years;  but  any  vacancy  occurring  by  reason  of  death,  resignation, 
or  otherwise,  before  the  expiration  of  the  term  of  office,  shall  be  filled  for  the 
remainder  of  the  term. 

SEC.  3.  All  vacancies  occurring  in  the  Aboard  of  trustees  shall  be  filled  by  the 
governor  and  council,  on  the  nomination  of  the  trustees.  In  case  the  nomination 
by  the  trustees  shall  not  be  confirmed  by  the  governor  and  council,  said  trustees 
shall  make  another  nomination,  and  so  on  till  the  nomination  shall  be  confirmed. 
(Approved  February  25,  1867.) 

Acts  and  Resolves,  1868,  Resolves,  chapter  274:  That  the  sum  of  $10,000  is  hereby 
appropriated,  out  of  any  money  in  the  treasury  of  the  State  not  otherwise  appro- 
priated, for  the  erection  and  completion  of  the  necessary  college  buildings  and  the 
purchase  of  apparatus  and  furniture  and  other  necessary  expenditures  for  the  use 
of  the  State  College  of  Agriculture  and  the  Mechanic  Arts;  to  be  expended  under 
the  direction  of  the  trustees  of  said  college.  {Approved  March  7,  1868. ) 

Ibid.,  1869,  Resolves,  chapter  89:  That  the  sum  of  $28.000  is  hereby  appropriated 
in  aid  of  the  State  College  of  Agriculture  and  the  Mechanic  Arts,  provided  that  the 
inhabitants  of  the  town  of  Orono  shall  make  to  said  College  of  Agriculture  and  the 
Mechanic  Arts  an  absolute  conveyance  of  the  same  premises  heretofore  conveyed, 
subject  only  to  the  condition  that  in  case  the  location  of  said  college  shall  be 
changed  from  Orono,  or  be  abandoned,  or  cease  to  be  used  for  the  purposes  con- 
templated by  the  act  establishing  said  college,  then,  in  such  an  event,  the  State  shall 
refund  to  the  inhabitants  of  Orono  the  sum  originally  paid  for  such  lands,  viz, 
$11,000.  (Approved  March  12,  1869.) 

Ifrid.,  1870,  Resolves,  chapter  179:  That  the  sum  of  $22,000  is  hereby  appropria- 
ated  in  aid  of  the  College  of  Agriculture  and  Mechanic  Arts,  and  the  sum  of  $28,000 
appropriated  by  resolve  of  March  12,  1869,  not  drawn  or  made  use  of  by  the  col- 
lege, is  hereby  reappropriated,  and  that  chapter  89  of  the  resolves  of  1869  is  hereby 
repealed,  provided  that  before  either  of  said  sums  is  paid  out  of  the  treasury  there 
shall  be  vested  in  the  State  a  perfect  title  to  the  premises  heretofore  conveyed  by 
the  town  of  Orono  for  the  purposes  of  said  college,  the  only  condition  of  said 
conveyance  being  that  if,  at  any  time,  the  said  land  shall  cease  to  be  used  for  the 
purposes  of  said  college,  then  the  State  shall  pay  to  said  town  of  Orono  the  sum 
of  money  heretofore  expended  by  that  town  in  the  purchase  of  said  premises,  viz. 
$11,000. 

Ibid.,  1871,  Resolves,  chapter  251:  Appropriates  $6,000  for  completion  of  college 
buildings  and  purchase  of  apparatus  and  furniture. 

Ibid.,  1872,  Resolves,  chapter  56:  Appropriates  $18, 000  to  reimburse  trustees  "  for 
money  advanced  by  them  "  to  the  extent  of  $13,000  and  $5,000  for  building  "a  suit- 
able house ' '  for  the  president. 

Ibid.,  1872-74,  Public  Laws,  chapter  194:  All  vacancies  occurring  in  the  board 
of  trustees  of  the  State  College  of  Agriculture  and  the  Mechanic  Arts  shall  be 
filled  by  the  governor  with  the  advice  and  consent  of  the  council.  (Approved 
February  25,  1874.) 

Ibid.,  Private  and  Special  Laws,  chapter  147:  females  who  possess  the  suitable 
qualifications  for  admission  to  the  several  classes  may  be  admitted  as  students  in 


44  EDUCATION    REPOET,   1903. 

the  college;  subject  to  the  requirements  of  labor  and  study,  which  may  be  deter- 
mined by  the  faculty  of  instruction  and  by  the  trustees  of  the  college.  (Approved 
February  23,  1872.) 

Ibid.,  1876,  Resolves,  chapter  172:  Appropriates  $8,000  for  instruction  and  con- 
tingent expenses. 

Ibid.,  1877,  Resolves,  chapter  258:  Appropriates  $15,218  for  various  current  pur- 
poses. 

Ibid.,  1878,  Resolves,  chapter  57:  That  the  governor  and  council  are  hereby 
requested  to  indicate,  in  any  way  they  may  think  proper,  their  readiness  to  receive 
proposals  from  denominations,  associations,  or  organizations,  to  take  from  the 
State,  the  State  College  of  Agriculture  and  the  Mechanic  Arts  at  Orono,  and  agree 
to  sustain  it,  according  to  its  original  plan,  as  to  protect  the  rights  of  all  parties, 
and  report  to  the  next  legislature.  (Approved  February  19, 1878.) 

Ibid.,  1878,  Resolves,  chapter  80:  Appropriates  $6.500  for  current  expenses. 

Ibid.,  1879,  Private  and  Special  Laws,  chapter  173:  Section  13  of  chapter  532  of 
the  private  and  special  laws  of  1865  is  hereby  amended  so  as  to  read  as  follows: 
SEC.  13.  A  reasonable  charge  shall  be  made  for  tuition,  the  amount  of  which  shall 
be  determined  from  time  to  time  by  the  trustees,  and  all  persons  employed  by  them 
shall  constantly  endeavor  by  the  adoption  of  judicious  and  effective  arrangements 
in  all  the  labor  departments  of  the  college,  to  reduce  the  cost  of  subsistence  to  the 
students,  and  to  render  the  institution,  as  far  as  possible,  self-sustaining.  (Ap- 
proved February  27,  1879.) 

Ibid.,  1880,  Resolves,  chapter  197:  Appropriates  $3,000. 

Ibid.,  1881,  Resolves,  chapter  13:  Whereas,  the  State  of  Maine  holds  in  trust 
for  the  benefit  of  the  State  College  of  Agriculture  and  the  Mechanic  Arts,  a 
registered  bond  of  the  State  of  Maine^  numbered  251,  for  the  sum  of  $30,000, 
which  became  due  August  15,  in  the  year  of  our  Lord  1868,  and  the  State  of 
Maine,  by  a  resolve  approved  March  24,  in  the  year  of  our  Lord  1864,  directed 
the  treasurer  of  State  to  invest  all  money  received  from  the  sale  of  land  scrip 
donated  to^aid  college  by  the  United  States  in  the  6  per  cent  stock  of  this  State, 
to  be  inviolably  held  for  the  benefit  of  said  college,  and  this  sum  of  $30,000  being 
a  portion  of  said  investment;  therefore  be  it  resolved,  that  the  treasurer  of  State 
be  authorized  and  directed  to  issue  a  new  registered  bond  in  favor  of  said  college 
for  the  sum  of  $30,000,  bearing  interest  at  the  rate  of  6  per  centum  per  annum, 
payable  semiannually,  to  bear  date  of  August  15,  1888,  and  payable  nine  years 
from  date;  the  same  being  in  lieu  of  bond  number  251,  for  a  like  sum  due  August 
15,  1888;  said  bond  to  be  signed  by  the  treasurer,  countersigned  by  the  governor, 
and  attested  by  the  secretary  of  state.  (Approved  February  24,  1881.) 

Ibid.,  1881,  chapter  60:  $3,500  is  appropriated  for  the  two  years,  1881  and  1882. 

Ibid.,  1883,  Public  Laws,  chapter  196:  SECTION  1.  One  additional  member  shall 
be  added  to  the  present  board  of  trustees  of  the  State  College  of  Agriculture  and 
the  Mechanic  Arts,  who  shall  be  a  graduate  of  said  college,  and  not  less  than  25 
years  of  age,  and  a  resident  of  this  State,  and  shall  hold  his  office  for  a  term  of 
three  years,  so  that  said  board  of  trustees  shall  hereafter  consist  of  9  members, 
including  the  secretary  of  the  Maine  board  of  agriculture. 

SEC.  2.  The  governor,  with  the  advice  and  consent  of  the  council,  shall  appoint 
such  member  of  said  board  of  trustees  to  fill  such  vacancy,  upon  nomination  of 
the  alumni  association  of  said  college,  made  at  any  regular  meeting  of  said  asso- 
ciation held  for  that  purpose  and  made  known  to  the  governor  and  council  by 
the  secretary  of  said  association,  under  seal. 

SEC.  3.  Said  alumni  association  shall  make  such  appointment,  and  the  secretary 
shall  make  the  appointment  known  to  the  governor  and  council  within  six  months 
after  any  vacancy  may  occur  in  such  position,  or  after  the  approval  of  this  bill  by 
the  governor;  and  in  case  such  appointment  shall  not  be  made  by  said  association 
within  said  six  months,  or  said  appointment  shall  not  be  made  known  to  the  gov- 
ernor and  council  within  said  six  months,  as  hereinbefore  provided,  then  the  gov- 
ernor and  council  shall  appoint  some  person  who  is  a  graduate  of  said  college, 
subject  to  the  provisions  of  section  1,  to  fill  said  vacancy.  (Approved  March  10, 
1883.) 

Ibid.,  1885,  Resolves,  chapter  196:  Appropriates  $12,400  to  be  expended  during 
the  year. 

Ibid.,  1887,  Public  Laws,  chapter  119:  SECTION  1.  For  the  purpose  of  carrying 
into  effect  the  provisions  of  an  act  of  Congress  of  the  United  States  approved 
March  2,  1887,  to  establish  agricultural  experiment  stations  in  connection  with  the 
colleges  established  in  the  several  States  under  the  provisions  of  an  act  approved 
July  2, 1862,  and  of  the  acts  supplementary  thereto,  the  State  hereby  assents  to 
the  purposes  of  said  grants  and  accepts  the  grants  of  money  authorized  and  appro- 
priated by  said  first-named  act,  approved  March  2,  1887,  and  assigns  the  same  to 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  45 

the  Maine  State  College  of  Agriculture  and  the  Mechanic  Arts,  and  there  is  hereby 
established  at  said  college  in  connection  therewith,  and  under  its  direction,  a 
department  to  be  known  and  designated  as  the  Maine  Agricultural  Experiment 
Station. 

SEC.  2.  The  act  of  the  legislature  of  this  State,  approved  March  3,  1885,  estab- 
lishing the  Maine  Fertilizer  Control  and  Agricultural  Experiment  Station,  is 
hereby  repealed,  this  repeal  to  take  effect  October  1,  1887. 

SEC.  3.  All  apparatus,  chemicals,  and  other  property  belonging  to  said  station, 
and  the  unexpended  balance  of  money  in  the  State  treasury  appropriated  by  the 
State  to  said  station  for  the  year  1887,  shall,  on  October  1,  1887,  be  transferred 
and  paid  to  and  become  the  property  of  the  Maine  State  College  of  Agriculture 
and  the  Mechanic  Arts,  and  the  treasurer  thereof  shall  receipt  for  the  property  so 
transferred  by  the  board  of  managers  of  said  experiment  station  and  the  unex- 
pended balance  so  paid  over  by  the  treasurer  of  State.  (Approved  March  16, 1887.) 

Ibid.,  1887,  Resolves,  chapter  54:  Appropriates  $34.600  for  two  years,  $25,000  to 
be  for  the  erection  of  a  building  for  the  departments  of  natural  history  and  agri- 
culture, and  the  remaining  part  for  current  purposes. 

Acts  and  Resolves,  1887,  chapter  105:  That  the  treasurer  of  State  be  authorized 
and  directed  to  receive  from  the  Maine  State  College  of  Agriculture  and  the 
Mechanic  Arts,  situated  in  Orono,  in  the  county  of  Penobscot,  in  trust,  the  sum 
of  $100,000,  bequeathed  to  said  college  by  Hon.  Abner  Coburn;  and  said  treasurer 
shall  apply  the  same  in  payment  of  the  debt  of  the  State  of  Maine,  and  shall 
issue  to  said  college  an  unnegotiable  registered  bond  for  the  sum  of  $100,000,  bear- 
ing interest  at  the  rate  of  4  per  cent  per  annum,  payable  semiannually  on  the 
first  days  of  January  and  July  in  each  year,  at  the  treasurer's  office.  Said  bond 
shall  be  payable  in  thirty  years  from  the  first  day  of  July,  in  1887,  and  shall  be 
signed  by  the  treasurer,  countersigned  by  the  governor,  attested  by  the  secretary 
of  state,  and  the  State  treasurer  and  his  successors  in  office  shall  pay  to  the  treas- 
urer of  said  college  the  interest  on  said  bond  from  the  time  he  receives  said  sum 
until  the  maturity  of  the  bond.  (Approved  March  16,  1887.) 

Acts  and  Resolves,  1891,  Resolves,  chapter  43:  Appropriates  $24,500  for  1891 
and  1892. 

Acts  and  Resolves,  1893,  Resolves,  chapter  178:  Appropriates  $12,000  for  1893 
and  1894. 

Acts  and  Resolves,  1897,  Resolves,  chapter  215:  That  in  order  to  defray  the  cur- 
rent expenses  of  the  State  College  of  Agriculture  and  the  Mechanic  Arts,  there  be 
appropriated  to  the  trustees  of  said  college,  for  the  year  1897,  and  for  each  year 
thereafter  for  the  term  of  ten  years,  the  sum  of  $20,000.  Resolved  that  the  said 
trustees  are  hereby  directed  to  charge  all  students  a  reasonable  tuition,  but  they 
may  abate  said  tuition  to  such  worthy  pupils,  resident  in  the  State,  as  may  be 
financially  unable  to  pay  the  same.  (Approved  March  20,  1897.) 

Acts  of  lsy7,  chapter  551 :  SF.(  TIOX  1 .  The  name  of  the  corporation  known  as  the 
trustees  of  the  State  College  of  Agriculture  and  the  Mechanic  Arts  is  hereby 
changed  to  the  University  of  Maine,  and  the  said  University  of  Maine  shall  have 
all  the  rights,  powers,  privileges,  property,  duties,  and  responsibilities  which 
belong  or  have  belonged  to  the  said  trustees. 

SEC.  2.  This  act  shall  take  effect  on  some  day  in  June,  1897,  to  be  fixed  by  said 
trustees.  (Approved  March  26,  1897.) 

Ibid.,  chapter  547:  SKCTION  1.  Graduates  of  the  State  college  shall  enjoy  before 
State  boards  and  in  the  practice  of  any  profession  or  the  pursuit  of  any  calling  for 
which  they  may  be  prepared,  rights,  privileges,  and  exemptions  equal  to  those 
granted  to  the  graduates  of  any  other  institutions  within  or  without  the  State. 
(Approved  March  26, 1897.) 

Ibid.,  chapter  550:  The  trustees  of  the  Maine  State  College  of  Agriculture  and 
Mechanic  Arts  shall  receive  $2  a  day  for  their  regular  visits  at  said  institution  and 
the  same  sum  for  every  20  miles  travel.  (Approved  March  26,  1897.) 


MARYLAND. 

Declaration  of  Rights,  article  43s  That  the  legislature  ought  to  encourage  the 
diffusion  of  knowledge  and  virtue,  the  extension  of  a  judicious  system  of  general 
education,  the  promotion  of  literature,  the  arts,  sciences,  agriculture,  commerce, 
and  manufactures,  and  the  general  melioration  of  the  condition  of  the  people. 

Laws,  1856,  chapter  97  [amended  by  laws  of  1866,  chapter  53] :  Whereas  it  hath 
been  represented  to  the  legislature  that  certain  wise  and  virtuous  citizens  are 
desirous  of  instituting  and  establishing  in  some  convenient  locality  within  this 


46  EDUCATION   KEPOKT,  1903. 

State  an  agricultural  college  and  model  farm,  in  which  the  youthful  student  may 
especially  be  instructed  in  those  arts  and  sciences  indispensable  to  success! ul  agri- 
cultural pursuits;  and  whereas  it  doth  appear  to  this  legislature  that  while  the 
wise  and  learned  in  the  present  age  have  cultivated  with  laudable  industry  and 
applied  with  admirable  success  the  arts  and  sciences  to  other  pursuits,  the  most 
necessary,  useful,  and  honorable  pursuits  of  agriculturists  have  so  far  been  most 
lamentably  neglected;  and  whereas  it  is  the  province  and  duty  of  the  legislature 
to  encourage  and  aid  the  philanthropic  and  patriotic  citizens  in  their  efforts  to 
disseminate  useful  knowledge  by  establishing  an  agricultural  college  and  model 
farm,  which  shall  in  addition  to  the  usual  course  of  scholastic  learning  particu- 
larly indoctrinate  the  youth  of  Maryland  theoretically  and  practically  in  those 
arts  and  sciences,  which  with  good  manners  and  morals  shall  enable  them  to  sub- 
due the  earth  and  elevate  the  State  to  the  lofty  position  its  advantages  in  soil,  cli- 
mate, etc.,  and  the  moral  and  mental  capacities  of  its  citizens  entitle  it  to  attain; 
therefore, 

SECTION  1.  James  T.  Earle  and  [eight  others  are  named]  are  appointed  commis- 
sioners, by  whom  or  under  whose  direction  subscriptions  may  be  solicited  and 
obtained  to  the  stock  of  the  Maryland  Agricultural  College,  and  they  are  hereby 
authorized  to  take,  hold,  and  dispose  of,  as  hereinafter  provided  for,  voluntary 
subscriptions  to  the  amount  not  exceeding  $500,000,  in  shares  of  $25  each. 

SEC.  2.  As  soon  as  at  least  2,000  shares  of  stock  aforesaid,  in  manner  aforesaid, 
be  subscribed  for,  the  subscribers  aforesaid,  their  successors  and  assigns,  shall  be 
and  are  hereby  made  and  declared  to  be  incorporated  into  a  company  by  the  name 
and  style  of  the  "  Maryland  Agricultural  College,"  and  by  that  name  be  capable 
in  law  of  suing  and  being  sued,  etc.,  to  use  a  corporate  seal,  and  to  do  and  cause 
to  be  done  all  things  necessary  for  the  attainment  of  the  object  aforesaid. 

SEC.  3.  [As  soon  as  the  provisions  of  section  2  have  been  complied  with  and  one 
h  alf  of  subscription  paid  in  cash  and  the  other  secured  a  meeting  of  the  stock- 
holders must  be  called,  which  assemblage  must  elect  22  trustees,  one  from  each 
county  and  one  from  the  city  of  Baltimore,  any  five  of  whom  shall  constitute  a 
quorum  capable  of  transacting  business.] 

SEC.  4.  [The  first  board  of  trustees  were  to  hold  office  five  years,  but  subse- 
quently elected  trustees  were  to  serve  for  two  years.]  (Repealed  by  law  of  1868, 
chap.  97,  q.  v.) 

SEC.  5.  [Board  had  full  power  to  appoint  professors  and  teachers  in  the  college, 
prescribe  their  duties,  salaries,  and  fix  and  determine  the  duties,  wages,  cost,  and 
charge  of  all  other  officers  and  servants,  tuition  and  board  of  students,  course  of 
study,  vacations,  examinations,  exhibitions,  and  control  and  manage  all  persons 
and  things  in  and  belonging  to  the  college  and  conducive  to  the  successful  operation 
of  the  college  and  model  farm.] 

SEC.  6.  [Board  shall  cause  to  be  made  annually  on  the  model  farm  "  a  series  of 
experiments  upon  the  cultivation  of  cereal  and  other  plants  adapted  to  the  latitude 
and  climate  of  Maryland  and  cause  to  be  carefully  noticed  upon  the  records  of 
said  institution  the  character  of  said  experiments,  the  kind  of  soil  upon  which 
they  were  undertaken,  the  system  of  cultivation  adopted,  the  state  of  the  atmos- 
phere and  other  particulars  which  may  be  necessary  to  a  fair  and  complete  under- 
standing of  the  results  of  said  experiments,  and  they  shall  also  require  the  instruc- 
tor of  chemistry,  as  far  as  may  be  consistent  with  his  other  duties  in  said 
institution,  to  carefully  analyze  all  specimens  of  soil  that  may  be  submitted  to  him 
by  any  citizen  of  this  State,  free  of  charge,  and  specially  furnish  the  applicant 
with  an  accurate  statement  of  the  result."  ] 

SEC.  7.  [The  trustees  have  care,  control,  and  management  of  all  the  real  and 
personal  property  and  money  of  the  said  company,  and  shall  appoint  a  register 
and  cause  to  be  registered  in  a  book  to  be  kept  for  that  purpose  all  the  acts,  etc., 
of  the  trustees.  They  meet  four  times  or  more  a  year  at  the  college  and  shall 
make  a  report  to  the  legislature.] 

SEC.  8.  [Declares  that  when  the  forementioned  provisions  have  been  complied 
with  and  not  fewer  than  50  acres  for  the  model  farm  have  been  purchased  and 
the  college  and  farm  buildings  erected,  "the  said  stockholders  under  the  name 
and  style  of  the  Maryland  Agricultural  College  shall  be  entitled  from  the  treas- 
ury of  the  State  of  Maryland  to  the  annual  sum  of  $6.000,  which  said  annual  sum 
of  $6,000  is  hereby  appropriated  out  of  any  unappropriated  money  in  the  treasury 
as  an  annual  endowment  of  the  said  Maryland  Agricultural  College,  and  shall  by 
the  board  of  trustees  hereinbefore  mentioned  be  applied  to  the  payment  of  salaries 
of  professors  and  such  other  purposes  as  shall  promote  the  welfare  and  success  of 
the  said  agricultural  college,  and  upon  notice  being  given  in  writing  by  the  said 
Maryland  Agricultural  Collegs,  that  the  subscriptions  aforesaid  have  been  bona 
fide  n:a,ae  and  a  board  of  trustees  duly  appointed,  and  the  lands  for  said  model 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  47 

farm  have  been  purchased  and  the  necessary  buildings  erected  thereon,  to  the 
comptroller  of  the  treasury,  he  shall  forthwith,  if  at  any  time  before  the  1st  day 
of  February,  1858,  said  report  is  made,  issue  his  warrant  to  the  treasurer,  and  the 
treasurer  shall  pay  to  the  said  board  of  trustees  or  their  order  then,  and  annually 
thereafter,  the  said  sum  of  $6.000  above  appropriated.''  ] 

SEC.  9.  [Forbids  stockholders  and  trustees  to  issue  any  promissory  obligation  or 
"  use  or  attempt  to  use  any  banking  privileges  whatsoever."  ] 

SEC.  10.  [Repeals  charter  if  provisions  of  section  3  are  not  complied  with  by 
February  1,  1858.] 

SKC.  11.  [Right  to  annul  annual  grant  of  $6,000  and  "  make  void  all  and  every 
part  of  the  incorporation  aforesaid  and  all  rights,  privileges,  and  immunities  here- 
inbefore mentioned."  ] 

SEC.  12.  [Declares  subscribers  shall  receive  back  their  subscription  in  case  of 
no  incorporation  by  failure  to  secure  2,000  shares.] 

SEC.  13.  [Arranges  for  the  annual  meeting  of  the  stockholders.  Repealed  by 
law  of  1868,  chap.  320,  q.  v.]  (Passed  March  6,  1856.) 

Laws,  1858,  chapter  265  [amended  by  laws  of  1866.  chapter  53] :  Whereas  it  is 
represented  to  the  legislature  that  the  interests  of  the  Maryland  Agricultural 
College  will  be  greatly  advanced  by  the  probable  increase  in  the  number  of  sub- 
scribers to  the  stock  thereof  by  reducing  the  amount  of  subscription  to  the  shares 
or  stock  in  the  same,  thereby  diffusing  more  wide  and  general  interest  among  the 
agriculturists  of  the  State;  and  also  by  granting  to  the  District  of  Columbia  a 
trustee  for  the  management  of  said  institution  in  view  of  the  proximity  of  its 
location  and  site  to  said  District,  and  the  great  interest  already  manifested  by 
large  subscriptions  to  its  stock  by  the  inhabitants  of  that  district;  and  whereas 
it  is  also  represented  that  the  original  act  incorporating  said  institution  contains 
no  provisions  for  filling  vacancies  occurring  in  the  board  of  trustees  recently 
elected,  without  a  general  call  or  meeting  of  stockholders;  therefore,  etc. 

SK<  '.  2.  [Relates  that  there  shall  be  three  trustees  at  large,  one  from  the  eastern 
shore  and  one  from  the  western  shore  and  also  a  trustee  from  the  District  of 
Columbia.]  i 

SEC.  4.  [Relates  that  honorary  members  may  be  chosen  by  the  board  from 
among  the  citizens  of  other  States.]  (Passed  March  10,  1858.) 

Laws,  1864,  chapter  90:  SECTION  1.  That  the  following  sections  relating  to  col-  ! 
le-cs  for  the  benefit  of  agriculture  and  the  mechanic  arts  be  added  to  the  article 
"Schools,"  of  the  Code  of  Public  General  Laws  entitled  "  An  act  assenting  to  the 
provisions  of  the  act  of  Congress  donating  lands  to  the  several  States  and  Terri- 
tories for  the  benefit  of  education." 

•  SEC.  17.  The  State  of  Maryland  hereby  declares  its  acceptance  of  the  provisions 
of  an  act  passed  by  the  Congress  of  the  United  States,  entitled  "  An  act  donating 
public  lands  to  the  several  States  and  Territories  which  may  provide  colleges  for 
the  benefit  of  agriculture  and  mechanic  arts."  approved  July  2,  1862;  and  the 
governor  is  hereby  authorized  to  give  such  notice  of  the  said  acceptance  as  may 
be  proper. 

(4,  SEC.  18.  The  comptroller  of  the  treasury  is  hereby  authorized  to  receive  from 
the  proper  authorities  of  the  United  States  the  land  scrip  to  be  issued  for  the 
lands  granted  to  this  State  by  the  said  act  of  Congress,  and  to  give  all  necessary 
receipts  and  acknowledgments  for  the  scrip  which  may  be  received  by  him. 

S;  <  .  19.  The  said  comptroller  is  hereby  authorized,  by  and  with  the  approval 
and  conriinvnce  of  the  governor  and  treasurer  of  the  State,  from  time  to  time  as 
he  may  deem  proper,  to  sell  such  land  scrip,  or  any  part  thereof,  for  cash,  or  for 
stocks  of  the  United  States,  or  of  the  States,  or  some  other  safe  stocks,  yielding 
not  less  than  5  per  cent  upon  the  par  value  of  said  stocks,  and  to  execute  all 
necessary  and  proper  transfers  thereof;  but  no  scrip  shall  be  transferred  and 
delivered  to  any  purchaser  thereof  until  the  same  shall  have  been  fully  paid  for, 
or  until  payment  shall  have  been  fully  secured  by  collaterals  of  such  stocks  as 
above  specified. 

SEC.  20.  The  comptroller  shall  make  all  such  arrangements,  employ  such  agents 
and  adopt  such  measures  in  all  respects  as  he  may  deem  most  expedient  for 
effecting  a  judicious  sale  of  the  said  land  scrip;  and  the  treasurer,  on  the  warrant 
of  the  Comptroller,  shall  from  time  to  time  pay  out  of  any  moneys  in  the  treasury, 
not  otherwise  appropriated,  all  the  expenses  of  management  and  superintendence, 
and  taxes,  if  any,  for  the  selection  of  said  lands  previous  to  their  sale,  and  all 
expenses  incurred  in  the  management  and  disbursement  of  the  moneys  which  may 
be  received  therefrom,  and  of  all  incidental  matters  connected  with  or  arising  out 
of  the  management  and  sale  of  said  lands,  so  that  the  entire  proceeds  of  the  sale  of 
said  lands  shall  be  applied  without  any  diminution  whatever  to  the  purposes 
mentioned  in  said  act  of  Congress. 


48  EDUCATION   EEPOET,  1903. 

SEC.  21.  The  moneys  which  may  be  received  in  the  sale  of  said  land  or  scrip 
shall  from  time  to  time,  and  as  often  as  there  shall  be  a  sufficient  accumulation 
for  that  purpose,  be  invested  by  the  comptroller  in  stocks  of  the  United  States, 
or  of  this  State  or  some  other  safe  stocks  yielding  not  less  than  5  per  cent  per 
annum  on  the  par  value  of  said  stocks,  and  the  money  so  invested  shall  constitute 
a  perpetual  fund,  the  capital  of  which  shall  remain  forever  undiminished,  except 
as  provided  for  in  and  by  said  act  of  Congress. 

SEC.  22.  The  comptroller  shall  keep  separate  books  of  accounts  in  his  office  of 
all  matters  relating  to  the  said  land  scrip  and  lands,  and  the  care,  management, 
sale,  and  disposition  thereof,  and  of  the  investment  of  the  moneys  derived  from 
the  sale  of  the  said  lands  and  land  scrip,  and  of  the  manner  in  which  the  income 
of  the  said  fund  may  be  disposed  of,  pursuant  to  an  act  of  the  legislature  here- 
after to  be  passed  authorizing  the  application  thereof  in  conformity  with  the  pro- 
visions of  the  act  of  Congress  aforesaid. 

SEC.  23.  The  comptroller,  in  his  annual  report  to  the  legislature,  shall  state  the 
condition  and  amount  of  said  fund,  the  expenditures  on  account  thereof,  and  all 
his  proceedings  and  acts  in  regard  thereto. 

SEC.  24.  All  moneys  received  by  the  comptroller  under  the  provisions  of  this 
act  shall  be  forthwith  deposited  by  him  in  the  treasury  of  the  State  as  a  trust 
fund,  with  which  a  special  office  and  bank  account  shall  be  kept  by  the  treasurer 
so  that  the  said  moneys  shall  not  be  intermingled  with  the  ordinary  funds  of  the 
State;  and  the  said  moneys  shall  be  paid  out  by  the  treasurer  from  time  to  time, 
on  the  warrant  of  the  comptroller,  when  required  by  him  for  the  purpose  of  being 
invested  as  hereinbefore  mentioned.  (Passed  February  17,  1864. ) 

Laws,  1865,  chapter  178:  SECTION  1.  After  the  comptroller  shall  have  sold  the 
said  scrip  and  invested  the  proceeds  thereof  as  provided  by  the  act  of  the  gen- 
eral assembly,  passed  in  1864,  the  annual  interest  or  income  of  said  investment 
shall  be  regularly  paid  by  him  without  diminution  to  the  Maryland  Agricultural 
College,  and  the  leading  object  of  said  college  shall  be,  without  excluding  other 
scientific  and  classical  studies,  and  including  military  tactics,  to  teach  such 
branches  of  learning  as  are  related  to  agriculture  and  the  mechanic  arts,  in  order 
to  promote  the  liberal  and  practical  education  of  the  industrial  classes  in  the  sev- 
eral pursuits  and  professions  of  life,  and  the  money  so  to  be  received  by  the  said 
college  shall  be  applied  to  the  objects  enumerated  in  the  said  act  of  Congress  and 
to  no  other  purposes  whatever,  and  the  said  college  shall  in  all  respects  comply 
with  the  several  requirements  of  the  said  act  as  to  making  and  recording  experi- 
ments and  reporting ihe  same  as  therein  prescribed:  Provided,  That  nothing  herein 
contained  shall  be  construed  to  prohibit  or  preclude  the  general  assembly,  at  any 
time  hereafter,  from  making  any  other  disposition  of  said  funds,  not  inconsistent 
with  the  act  of  Congress  making  said  donation. 

SEC.  2.  From  and  after  the  passage  of  this  act  the  State  board  of  education  shall 
be  ex-officio  members  of  the  board  of  trustees  of  the  said  college.  (Passed  March 
22,  1865.) 

Laws,  1866,  chapter  53  [amended  in  Sec.  4,  see  laws  of  1880,  chapter  231;  also 
laws  of  1888,  chapter  53] :  SECTION  1.  The  treasurer,  upon  the  warrant  of.  the  comp- 
troller, be,  and  he  is  hereby,  authorized  and  directed  to  pay  to  the  board  of  trus- 
tees of  the  Maryland  Agricultural  College  the  sum  of  $45,000,  the  said  sum  to  be 
payable  in  three  annual  installments  of  $15,000  each,  the  first  of  said  installments 
to  be  paid  on  the  1st  day  of  April,  1866,  and  the  balance  in  two  equal  installments 
on  the  1st  day  of  April,  1867,  and  the  1st  day  of  April,  1868,  respectively,  the  said 
amount  of  $45,000  to  be  appropriated  by  the  trustees  to  the  liquidation  of  the  pres- 
ent indebtedness  of  the  said  college  and  the  purchase  of  furniture  and  apparatus 
for  the  said  college:  Provided,  The  trustees  of  the  said  Maryland  Agricultural 
College  shall,  on  or  before  the  1st  day  of  April,  1866,  make,  by  a  good  and  valid 
title,  the  State  of  Maryland  equal  joint  owner  of  the  property  of  every  kind  and 
description,  real,  personal,  and  mixed,  now  owned  by  the  said  college. 

SEC.  2.  Upon  the  acceptance  of  this  act  by  the  majority  of  the  stockholders,  at 
a  meeting  to  be  called  and  held  in  pursuance  of  the  act  of  incorporation,  the  trus- 
tees of  said  college  are  hereby  authorized  and  fully  empowered  to  make,  by  a  good 
and  valid  title,  the  State  of  Maryland  equal  joint  owner  in  all  the  property  of  every 
kind  and  description,  both  real,  personal,  and  mixed,  now  owned  by  the  said 
Maryland  Agricultural  College. 

SEC.  3.  So  much  of  the  third  section  of  the  act  of  1856  and  the  second  section  of 
of  the  act  of  1858,  which  requires  the  board  of  trustees  to  consist  of  22  trustees, 
1  from  each  county,  and  1  from  the  city  of  Baltimore,  and  authorizes  the  appoint- 
ment of  a  trustee  from  the  District  of  Columbia  and  1  from  the  eastern  shore  and 
1  from  the  western  shore,  for  the  State  at  large,  is  repealed. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  49 

SEC.  4.  The  board  of  trustees  of  the  Maryland  Agricultural  College  shall,  on 
and  after  the  1st  day  of  March,  1868,  be  composed  of  11  tru>t  •'•*.  I  of  whom  shall 
be  members  of  the  State  board  of  education,  to  represent  the  State's  interest  as 
joint  owner,  and  the  other  7  shall  be  elected  by  a  majority  of  the  private  stock- 
holders in  the  manner  now  provided  by  law,  0  of  whom  shall  be  residents  of  the 
State  of  Maryland ,  and  1  of  the  District  of  Columbia. 

.  5.  The  said  board  of  trustees  hereinbefore  provided  for  shall  possess  the 
same  and  like  powers  and  authority  with  the  trustees  authorized  to  be  appointed 
by  the  original  acts  to  which  this  is  amendatory. 

(\.  The  said  board  of  trustees  shall  have  power  and  authority  to  appoint  and 
select  visitors  for  said  institution,  1  from  each  county  and  2  from  the  city  of  Balti- 
more, with  authority  to  attend  the  meetings  of  said  trustees,  but  without  the  right 
of  voting  in  the  management  of  the  said  Maryland  Agricultural  College. 

SEC.  7.  A  sum  of  money  not  exceeding  10  per  cent  upon  the  amount  received  by 
this  State,  under  the  provisions  of  the  act  of  Congress  of  1882,  which  is  authorized 
to  be  expended  for  the  purchase  of  lands  for  sites  or  experimental  farms,  is  hereby 
expressly  reserved  and  set  apart,  to  be  paid  into  the  treasury  of  the  State  to  reim- 
burse the  said  State  in  part  for  the  amount  appropriated  to  the  said  Maryland 
Agricultural  College  by  this  act;  and  that  so  much  of  the  act  of  1885  as  is  incon- 
sistent with  this  section  of  this  act  is  repealed.  (Passed  February  7,  1866.) 

Laws,  1808,  chapter  ;WO:  SECTION  1.  Sections  4  and  13  of  the  act  of  assembly, 

I  is."»r,.  chapter  U7,  are  hereby  repealed  and  the  following  sections  enacted  in 

lieu  thereof:  '  •  SECTION  4.  The  president  of  the  Senate  shall  be,  ex-officio,  a  member 

of  the  board  of  trustees  of  the  Maryland  Agricultural  College,  in  the  place  which 

the  lieutenant-governor  formerly  held  in  the  said  board. 

**  SEC.  13.  A  general  meeting  of  the  stockholders  of  the  Maryland  Agricultural 
College  shall  be  held  annually,  on  the  second  Wednesday  of  April,  in  the  city  of 
Baltimore,  at  such  special  hour  and  place  as  the  president  of  the  existing  board  of 
trustees  may  appoint,  and  one  week's  notice  of  such  meeting  shall  be  published  in 
two  of  the  daily  newspapers  of  Baltimore,  and  that  a  meeting  may  be  called  at 
any  time  and  at  any  convenient  place  during  the  interval  between  the  said  annual 
meetings  by  the  president  and  trustees,  or  a  majority  of  them,  or  by  the  stock- 
holders owning  at  least  one-fourth  of  the  whole  amount  of  stock  subscribed,  upon 
giving  thirty  days  public,  notice  of  the  time  and  place  of  holding  the  same,  by 
advertisement  published  in  one  or  more  newspapers  of  general  circulation  in  the 
State:  and  at  all  meetings  of  said  'stockholders  one-fourth  in  value  of  said  stock- 
holders being  present  in  person  or  by  written  proxy  shall  constitute  a  quorum  for 
the  transaction  of  all  business;  and  that  if  less  than  such  quorum  shall  be  present 
at  any  such  meeting  said  meeting  may  adjourn  from  time  to  time  until  a  quorum 
is  obtained,  and  that  all  general  meetings  of  the  stockholders  where  such  a  quo- 
rum is  present  a  majority  in  value  of  the  stockholders  presvnt  in  person  or  by 
written  proxy  may  fill  any  vacancy  that  may  occur  in  the  board  of  trustees  which 
can  be  lawfully  filled  by  the  stockholders,  and  may  remove  from  office  any  presi- 
dent or  any  of  the  trustees  elected  by  the  stockholders,  and  may  appoint  others  in 
their  stead."  (Approved  March  30,  1868.) 

Laws,  1S70,  chapter  18:5:  SECTION  1.  The  adjutant -general  is  authorized  to  fur- 
nish for  the  use  of  the  Maryland  Agricultural  College  100  Austrian  muskets,  in 
the  armory  at  Annapolis,  or  such  other  suitable  arms  as  may  now  be  in  the 
armory,  with  accoutrements  complete,  and  the  accessary  number  of  officers' 
swords  and  belts. 

Si.c.  2.  The  trustees  of  the  Maryland  Agricultural  College  shall,  upon  the 
receipt  of  said  arms  and  accoutrements,  execute  to  the  State  of  Maryland  a  good 
and  sufficient  bond  for  the  amount  of  the  value  of  said  arms  and  accoutrements 
for  their  safe  keeping  and  return  to  the  adjutant-general  whenever  required  by 
the  legislature  so  to  do.  (Approved  March  31,  1870.) 

Laws,  1872,  chapter  415:  Whereas  the  legislature  of  Maryland  by  act  of  assem- 
bly, 1864,  formally  accepted  the  provisions  of  the  act  of  Congress  donating  public 
lands  to  the  several  States  and  Territories  which  may  provide  colleges  for  the  bene- 
fit of  agriculture  and  the  mechanic  arts;  and  whereas  section  20  of  said  act  of 
assembly,  in  accordance  with  the  requirements  and  almost  in  the  words  of  said 
act  of  Congress,  directs  the  treasurer,  on  the  warrant  of  the  comptroller,  to  pay 
all  expenses  of  the  management,  superintendence,  and  taxes  for,  and  all  the  inci- 
dentals connected  with  or  arising  out  of  the  management  of  said  lands,  so  that  the 
entire  proceeds  of  sale  shall  be  applied  without  any  diminution  whatever  to  the 
purposes  mentioned  in  the  act  of  Congress,  and  as  expressly  required  by  that  act; 
and  whereas  by  act  of  assembly,  1865,  the  whole  annual  income  from  the  fund 

ED  1903 4 


50  EDUCATION    KEPORT,   1903. 

arising  from  the  sale  of  agricultural  land  scrip  appropriated  as  aforesaid  by  act  of 
Congress,  was  directed  to  be  paid  regularly  by  tlie  comptroller  "without  diminu- 
tion1' to  the  Maryland  Agricultural  College;  and  whereas  by  act  of  assembly  of 
1866  the  legislature  did  diminish  the  said  land  fund  so  provided  by  act  of  Congress 
and  so  accspted  by  act  of  assembly,  and  so  appropriated  to  the  said  Maryland 
Agricultural  College,  by  directing  10  per  centum  of  the  whole  amount  to  be  paid 
into  the  treasury  of  tho  State,  so  diminishing  the  said  fund  by  the  sum  of  $11,250; 
and  whereas  tlie  comptroller  of  the  treasury  in  the  several  years  past  has  further 
diminished  the  annual  interest  arising  from  the  said  fund  by  withholding  from 
the  yearly  payments  the  sum  of  $90  as  a  State  tax;  and  whereas  section  5  of  the 
said  act  of  Congress,  the  terms  of  which  were  formally  accepted  by  the  State, 
expressly  requires  "  that  if  any  portion  of  the  funds,  or  any  portion  of  the  interest 
thereof  shall,  by  any  ast  or  contingency  be  lost  or  diminished,  it  shall  be  replaced 
by  the  State;"  therefore 

SECTION  1.  The  comptroller  of  the  treasury  is  required  to  invest  in  6  per  cent 
State  bonds  for  the  use  and  benefit  of  the  Maryland  Agricultural  College  the  sum 
of  $11,250,  and  to  pay  over  to  the  order  of  said  trustees,  ssiniannually,  on  the  1st 
day  of  April  and  October  in  each  and  every  year,  the  interest  upon  said  sum  so 
invested,  and  to  account  to  and  pay  over  to  said  trustees  the  interest  upon  said 
principal  so  withheld  from  said  trust  fund  and  diverted  to  the  use  of  the  State 
from  the  time  such  diversion  was  made. 

S3C.  2.  The  comptroller  is  required  to  account  to  and  refund  to  the  said  trustees 
the  tax  erroneously  withheld  from  the  semiannual  interest  derived  from  the  sum 
invested  in  the  Southern  relief  fund  set  apart  and  invested  for  the  use  of  the 
Maryland  Agricultural  College.  (Approved  April  1,  1872.) 

Laws,  1874.  [Appropriation  bill  carries  $6,000  "  For  the  Maryland  Agricultural 
College."  The  same  sum  is  appropriated  in  1875]. 

Laws,  1880,  chapter  231  (see  laws  1888,  chapter  326):  SECTION  1.  Section  4  of  an 
act  passed  at  the  January  session,  1866,  entitled  '*An  act  amendatory  of  an  act 
to  establish  and  endow  an  agricultural  college  in  Maryland,  passed  at  January  ses- 
sion, 1856,"  etc.,  is  repealed  and  reenacted  so  as  to  read  as  follows: 

Ssc.  4.  The  board  of  trustees  of  the  Maryland  Agricultural  College  shall  be 
constituted  and  composed  as  follows:  There  shall  be  12  trustees,  5  of  whom  shall 
be  elected  by  a  majority  of  the  private  stockholders  of  said  college  in  the  manner 
now  provided  by  law:  Provided,  That  4  of  the  5  shall  be  residents  of  the  State  of 
Maryland  and  1  of  the  District  of  Columbia,  and  the  following  6  named  persons 
shall  represent  the  State's  interest  in  said  board,  namely,  the  governor,  comptroller, 
treasurer,  president  of  the  senate,  speaker  of  the  house  of  delegates,  and  attorney- 
general;  and  the  United  States  Commissioner  of  Agriculture  shall  be  ex  officio 
one  of  said  board.  (Approved  April  10,  1880.) 

Laws,  1886,  chapter  307:  SECTION  1.  A  commission  of  6  persons  is  appointed  as 
follows:  Two  persons  engaged  in  agriculture,  1  from  the  western  shore  and  1 
from  the  eastern  shore,  to  be  named  by  the  governor;  1  person  by  the  faculty  of 
the  Johns  Hopkins  University,  1  by  the  Maryland  State  Farmers'  Association,  and 
1  person  by  the  Maryland  State  Agricultural  and  Mechanical  Association,  whose 
duty  it  shall  be  to  inquire  into  the  propriety  of  establishing  an  agricultural  experi- 
ment station,  and  to  report  to  the  next  general  assembly  the  result  of  their  inquiry, 
and  to  submit  such  recommendations  as  to  location,  management,  and  other  mat- 
ters pertaining  to  the  same  as  they  may  deem  proper. 

SEC.  2.  The  sum  of  $1,000,  or  so  much  thereof  as  may  be  necessary,  is  appro- 
priated from  any  funds  in  the  treasury  not  otherwise  appropriated  to  pay  the 
expenses  of  said  commission  incurred  in  performing  the  duties  herein  prescribed, 
to  be  paid  by  tho  treasurer  on  the  warrant  of  the  comptroller  upon  the  order  of 
a  majority  of  said  commission.  (Approved  April  7, 1886.) 

Appropriation  law  for  1888:  *  *  *  "  To  the  Maryland  Agricultural  College, 
$5,000  and  no  more." 

Laws,  1888,  chapter  55:  Whereas  by  an  act  of  Congress  passed  at  the  second 
session  of  the  Forty-ninth  Congress  of  the  United  States,  entitled  "An  act  to  estab- 
lish agricultural  experiment  stations  to  connect  with  the  colleges  established  in  the 
several  States,  under  the  provisions  of  an  act  approved  July  2, 1862,  and  of  the  acts 
supplementary  thereto,"  the  sum  of  $15,000  per  annum  for  each  State  having  col- 
leges established  under  the  provisions  of  said  act  of  July  2, 1862,  was  appropriated 
for  the  establishing  of  agricultural  experiment  stations;  and  whereas  the  said  act 
of  the  second  session  of  the  Forty-ninth  Congress  provides  that  before  the  said 
fund  shall  be  paid  to  any  State  such  State  shall  give  its 'legislative  assent  to  the 
purposes  of  said  grants;  and  whereas  the  Maryland  Agricultural  College  is  the 
only  college  established  in  the  State  of  Maryland  under  the  provisions  of  said  act 
of  1862, 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  51 

SECTION  1 .  The  absent  of  the  State  of  Maryland  is  given  to  the  purposes  of  the 
grant  made  by  said  act  and  the  said  Maryland  Agricultural  College  is  desig- 
nated as  the  college  entitled  to  receive  the  sum  appropriated  for  Maryland,  and 
the  treasurer  of  said  college  is  designated  as  the  proper  person  to  receive  the  same. 

SEC.  2.  The  assent  of  the  State  of  Maryland  to  the  grants  of  moneys  for  the  pur- 
poses, upon  the  terms  and  in  accordance  with  the  several  conditions  and  provi- 
sions in  said  act  contained,  is  signified  and  expressed,  and  the  secretary  of  state  is 
hereby  directed  to  transmit  a  certified  copy  of  this  act  to  the  Secretary  of  the 
Treasury  of  the  United  States.  (Approved  March  6,  1888.) 

Laws,  1888,  chapter  326:  SECTION  1.  Section  4  of  the  act  of  1866,  chapter  53 
*  *  *  is  hereby  repealed  and  reenacted  so  as  to  read  as  follows: 

SEC.  4.  The  board  of  trustees  of  the  Maryland  Agricultural  College  shall  be  con- 
stituted as  follows:  There  shall  be  18  trustees,  5  of  whom  shall  be  elected  by  a 
majority  of  the  private  stockholders  of  said  college  in  the  manner  now  provided 
by  law:  Provided,  That  4  of  the  5  shall  be  residents  of  the  State  of  Maryland  and 
1  of  the  District  of  Columbia,  and  the  following  6  named  persons  shall  represent 
the  State's  interest  in  said  board,  namely,  the  governor,  comptroller,  treasurer, 
president  of  the  senate,  speaker  of  the  house  of  delegates,  and  attorney-general, 
and  the  United  States  Commissioner  of  Agriculture  shall  be  ex  officio  one  of  said 
board,  and  1  person  from  each  of  the  Congressional  districts  of  this  State,  who 
shall  be  a  practical  farmer  or  immediately  interested  in  agricultural  pursuits,  who 
shall  be  appointed  by  the  governor  by  and  with  the  consent  of  the  senate,  to  be 
classified  as  follows:  Two  for  the  term  of  2  years,  2  for  the  term  of  4  years,  and  the 
remainder  for  the  term  of  6  years,  all  to  date  from  the  1st  day  of  February,  1888, 
and  thereafter  the  term  of  all  such  appointments  shall  be  for  the  term  of  6  years, 
oxrept  that  appointments  to  fill  vacancies  occurring  otherwise  than  by  expiration 
of  term  shall  be  only  for  the  unexpired  portion  of  the  term  so  vacated.  (Approved 
April  4,  1888.) 

Laws,  1890.  appropriation  law:  "To  the  Maryland  Agricultural  College  the  sum 
of  $G,000  for  the  fiscal  year  1891,  and  the  like  sum  for  the  fiscal  year  1892." 

Laws,  1892,  chapter  125:  SECTION  1.  The  act  of  Congress  approved  August  30, 
1890,  is  assented  to  and  accepted  on  behalf  of  the  State  of  Maryland,  subject  to  all 
the  purposes  and  conditions  of  the  said  grant. 

Si-:r.  2.  The  Maryland  Agricultural  College,  to  which  the  benefits  of  said  act  of 
Congress  apply  in  this  State,  is  hereby  authorized  and  directed  to  make  suitable 
provisions  for  complying  with  all  the  requirements  of  the  said  act.  (Approved 
March  15,  1892.) 

Ibid.,  appropriation  law:  ''To  the  Maryland  Agricultural  College  the  sum  of 
$6,000  for  the  fiscal  year  1893,  and  the  like  sum  for  the  fiscal  year  1894." 

Ibid. ,  1894,  appropriation  law:  "  To  the  Maryland  Agricultural  College  the  sum 
of  x'.i.OOO  for  the  fiscal  year  1895,  and  a  like  sum  for  the  fiscal  year  1896." 

Ibid.,  1896.  appropriation  law:  "  To  the  Maryland  Agricultural  College  the  sum 
of  $9,000  for  the  fiscal  year  1897,  and  a  like  sum  for  1898." 

Laws,  1898,  chapter  291:  SECTION  1.  The  sum  of  $14,000  is  hereby  appropriated 
out  of  any  money  in  the  treasury  not  otherwise  appropriated  to  the  Maryland 
Agricultural  College,  $10,000  of  which  shall  be  used  for  the  erection  of  a  suitable 
building  for  recitation  rooms  and  laboratories  for  the  department  of  agriculture 
and  its  allied  branches,  the  remainder  of  $4,000  for  the  proper  sanitary  plumbing 
in  the  present  dormitories. 

SEC.  2.  The  comptroller  of  Maryland  is  directed  to  issue  his  warrant  on  the 
treasurer  of  Maryland,  payable  to  the  order  of  the  Maryland  Agricultural  College, 
or  to  its  accredited  agent,  for  the  sum  of  $14,000,  said  sum  to  be  used  solely  for 
the  purpose  hereinbefore  set  forth.  (Approved  April  7,  1898.) 

Laws,  1900,  chapter  620:  SECTION  1.  [Appropriates  to  the  Maryland  Agricultural 
College  the  sum  of  $9,000  for  the  year  1901,  and  a  like  sum  for  1902.] 

Laws,  1902,  chapter  512:  SECTION  1.  [Appropriates]  To  the  Maryland  Agricul- 
tural College,  the  sum  of  $9,000  for  the  fiscal  year  1903,  and  the  like  sum  of  $9,000 
for  the  fiscal  year  1904,  together  with  the  further  sum  of  $3,996  for  the  fiscal  year 
1903,  and  the  sum  of  $1,776  for  the  fiscal  year  1904,  the  said  latter  amounts,  viz, 
$3.996  and  $1.776  being  2  per  centum  on  the  endowment  of  $88.800  for  three  years 
and  three  months,  or  the  difference  between  2  [3]  per  centum  and  5  per  centum,  at 
which  latter  rate  the  endowment  is  required  to  be  invested  by  acts  of  Congress; 
said  appropriations  being  made  upon  the  recommendation  that  the  said  college 
become  the  property  of  the  State  of  Maryland  and  be  made  exclusively  a  tech- 
nical school. 

Ibid.,  1902,  chapter  625:  SECTION  1.  Appropriations  are  hereby  made  to  the 
Maryland  Agricultural  College,  for  its  use  and  for  the  experiment  station,  for  the 
furtherance  of  the  work  of  those  institutions  in  their  several  departments,  and 


52  EDUCATION   KEPORT,   1903. 

also  in  order  to  make  provisions  whereby  more  of  the  people  of  Maryland  may 
avail  of  the  advantages  of  an  agricultural  and  industrial  education,  and  at  the 
same  time  provide  for  the  proper  fulfillment  of  the  compacts  made  by  this  State 
in  accepting  certain  grants  from  the  United  States  Congress  to  this  State.  The 
amounts  which  are  hereby  provided  for  shall  be  expended,  respectively,  according 
to  the  provisions  of  sections  1,  2,  3,  4,  5,  and  C  of  this  act. 

SEC.  2.  In  order  to  provide  dormitory  accommodations  for  at  least  double  the 
number  of  students  as  present  facilities  will  accommodate,  and  to  provide  modern 
and  sanitary  kitchen  and  dining  room  accommodations  for  students,  and  also  to 
provide  for  a  general  assembly  hall  for  chapel  and  other  public  functions,  the  sum 
of  $25,000  is  hereby  appropriated. 

SEC.  3.  To  provide  for  the  proper  heating,  ventilation,  and  general  renovation 
of  the  present  dormitory  building,  the  sum  of  §3,000  is  hereby  appropriated. 

SEC.  4.  To  provide  for  the  enlargement  of  the  mechanical  building,  so  as  to 
release  its  overcrowded  condition  and  also  to  make  possible  the  installment  of  new 
appliances,  the  sum  of  $5,000  is  hereby  appropriated. 

SEC.  5.  In  order  to  provide  for  the  maintenance,  repairs,  and  insurance  of  the 
building  of  the  experiment  station,  to  provide  for  the  printing  of  bulletins  and 
making  exhibits,  showing  the  results  of  the  work,  and  also  to  provide  for  the 
investigations  on  the  tobacco  crop,  in  meat  production,  and  in  irrigation,  an 
annual  appropriation  of  $5,000  is  hereby  provided  for  and  made. 

SEC.  6.  The  comptroller  be  and  he  is  hereby  authorized  to  issue  his  warrant 
upon  the  treasurer  of  the  State  for  the  several  sums  hereby  appropriated,  the 
same  to  be  paid  out  of  any  funds  not  otherwise  appropriated;  that  the  said  sum 
of  moneys  shall  be  payable  to  the  Maryland  Agricultural  College  and  shall  be 
expended  under  the  direction  of  the  board  of  trustees  of  said  institution.  And 
the  first  payment  shall  be  made  during  the  fiscal  year  ending  September  1, 1902. 

SEC.  7.  One-half  of  the  amounts  hereby  appropriated  for  buildings  shall  consti- 
tute a  first  lien  to  the  State  of  Maryland  on  the  property  of  the  Maryland  Agri- 
cultural College,  and  this  lien  shall  be  secured  by  the  mortgage,  to  be  given  by 
the  said  college  in  its  corporate  capacity,  to  this  State;  the  said  mortgage  to  run 
for  the  period  of  ten  years,  with  interest  at  3  per  cent,  payable  annually,  if 
demanded;  said  mortgage  to  be  ratified  by  the  trustees  and  stockholders  of  said 
college:  And  it  is  further  provided,  That  before  any  of  said  sums  shall  become  pay- 
able by  the  said  State  to  the  said  college,  said  trustees  shall  at  their  own  expense 
cause  an  examination  of  the  title  to  be  made  by  the  Title  Guarantee  and  Trust 
Company,  or  some  competent  attorney  to  be  designated  by  the  attorney-general, 
and  upon  the  report  of  the  persons  or  corporation  so  examining  to  the  attorney- 
general  and  his  approval  thereof  that  the  title  is  good,  that  the  said  property  is 
vested  in  said  college  in  its  corporate  capacity  in  fee  simple  and  free  from  incum- 
brances,  the  money  shall  be  paid  by  the  fiscal  officers  of  the  State  at  the  time 
provided  for  in  the  act  and  not  before. 

SEC.  8.  And  be  it  enacted,  That  this  act  shall  take  effect  from  the  date  of  its 
passage,  and  the  moneys  appropriated  for  educational  and  experimental  purposes 
and  purposes  of  repair,  shall  be  paid  as  hereinbefore  provided,  and  the  moneys 
appropriated  for  building  purposes  shall  be  paid  as  soon  as  the  mortgage  herein- 
before provided  for  has  been  drawn,  executed,  and  tendered  to  and  approved  by 
the  attorney-general;  and  in  addition  the  private  stockholders  shall,  at  a  called 
meeting,  assent  to  the  lien  created  by  section  7  of  this  act,  by  resolution  to  be 
filed  by  them  with  the  secretary  of  state,  which  said  resolution  or  a  copy  thereof, 
certified  to  by  the  register  of  the  college,  shall  be  evidence  of  said  acceptance. 

[The  following  matter  is  taken  from  the  "  Supplement  to  the  Code  of  Public  General  Laws  of 
Maryland  containing  the  Public  General  Laws,"  passed  at  the  sessions  of  1890-1898,  by  John 
Prestiss  Poe,  Baltimore,  1898.] 

Article  LXI:  SECTION  1.  The  term  "  fertilizer,"  as  used  in  this  article,  shall  be 
held  to  mean  any  commercial  fertilizer,  or  any  article,  substance,  or  mixture  sold, 
offered,  or  exposed  for  sale  for  manurial  purposes  within  this  State,  of  which  the 
selling  price  shall  be  more  than  $10  per  ton  of  2,000  pounds.  The  term  "brand  " 
shall  be  held  to  mean  the  name  under  which  the  commercial  fertilizer  is  sold, 
together  with  the  statement  of  the  percentage  of  valuable  ingredients  contained 
therein.  The  term  "State  chemist "  shall  mean  the  professor  in  charge  of  the 
chemical  department  of  the  Maryland  Agricultural  College,  who  shall  be  exofficio 
State  chemist. 

SEC.  2.  Before  any  fertilizer  is  sold,  offered,  or  exposed  for  sale  within  the  State 
the  following  conditions  must  be  complied  with:  (1)  The  importer,  manufac- 
turer, manipulator,  dealer,  or  agent  shall  take  out  a  license  for  the  sale  of  fertilizers, 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  53 

which  license  shall  be  rated  upon  the  number  of  brands  contemplated  to  be  sold  at  the 
rate  of  $15  for  each  brand,  said  license  to  be  prepared  and  furnished  by  the  comp- 
troller of  the  treasury  and  to  be  issued  at  any  time,  to  be  good  until  the  1st  day 
of  February  following;  (2)  every  bag,  barrel,  or  package  of  fertilizer,  and  every 
pared  or  lot,  if  sold  in  bulk,  must  bear  in  legible  print,  or  be  accompanied  by  a 
clear  and  true  statement  showing  the  net  pounds  of  fertilizer  in  the  package  or  lot, 
the  name,  brand,  or  trade-mark  under  which  the  fertilizer  is  sold,  the  name  and 
address  of  the  importer,  manufacturer,  or  manipulator,  the  place  of  manufac- 
ture or  manipulation,  and  a  chemical  analysis  stating  the  per  centum  of  the  mini- 
mum, and  only  the  minimum,  contained  therein,  of  nitrogen  or  its  equivalent  in 
available  amnionia,  of  potash  soluble  in  distilled  water,  and  of  available  phosphoric 
acid. 

SEC.  5.  It  shall  be  the  duty  of  the  Maryland  Agricultural  College  to  analyze, 
without  cost  or  charge,  all  samples  of  fertilizers  sent  to  it  for  the  purpose  of  being 
analyzed  by  any  person  or  persons  purchasing  or  procuring  the  same  in  this  State 
for  his  or  their  use  or  uses;  provided  such  persons  are  not  interested  in  the  analysis 
desired  other  than  as  consumers,  of  which  affidavit  shall  be  made  and  shall  accom- 
pany each  sample  or  brand;  and  further,  such  samples  are  taken  and  sent  as 
described  by  this  article .  and  free  of  cost  of  transportation  to  said  college ;  and  it  shall 
be  the  duty  of  the  Maryland  Agricultural  College  to  procure  samples,  as  far  as  prac- 
ticable in  every  year,  of  all  the  fertilizers  sold  and  used  in  this  State,  for  the  pur- 
pose of  analyzing  the  same:  and  any  duly  authorized  agent  or  representative  of 
the  said  college  shall  have  the  right  to  take  samples,  as  provided  by  this  article, 
from  any  lot  or  parcel  of  fertilizer  in  transit  or  in  possession  or  keeping  of  any 
manufacturer,  manipulator,  dealer,  or  agent,  and  sold  or  offered  for  sale  in  this 
State:  and  it  shall  l>e  the  duty  of  the  Maryland  Agricultural  College  to  send  in 
Hi-'  result  of  the  analysis  of  every  sample  of  fertilizer  to  the  person  from  whom 
snch  sample  was  taken  or  received,  and  also  to  publish  from  time  to  time  the 
results  of  the  analysis  made  by  the  said  college  of  the  samples  sent  to  or  procured 
by  it  for  such  purpose;  and  it  shall  l>e  the  duty  of  the  Maryland  Agricultural 
College,  when  reporting  or  publishing  the  result  of  any  analysis  made,  to  state 
the  commercial  value  in  dollars  and  cents  of  the  fertilizer  so  analyzed,  per  ton  of 
2,000  pounds,  such  value  to  bo  based  upon  the  analysis  made  by  the  college,  and 
upon  a  standard  of  valuation  to  be  ascertained,  fixed,  and  published  by  said  college 
annually,  after  conference  with  the  proper  officials  of  adjacent  States. 

Si.c.  fi  I  as  amended  by  laws  of  1902,  chap.  882].  All  samples  of  fertilizers  for 
analysis  at  the  Maryland  Agricultural  College  shall  be  taken  from  unbroken  pack- 
•068  oi  bags  that  have  not  been  damaged  or  injured  in  transit  or  by  exposure,  and 
when  in  the  possession  of  the  purchaser  or  purchasers  within  thirty  days  after 
CM  nning  into  their  possession  it  shall  be  lawful  for  any  such  purchaser  or  purchasers 
of  any  such  manures  or  fertilizers,  provided  that  he  be  not  a  manufacturer,  manip- 
ulator, or  agent  of  either,  to  take  from  any  such  unbroken  packages  or  bags  a 
sample,  not  exceeding  2  pounds,  placing  the  same  in  bottle  or  bottles,  jar  or  jars, 
which  shall  then  be  corked  tightly  and  forwarded  to  the  Maryland  Agricultural 
College  for  analysis;  that  it  shall  not  be  lawful  for  the  said  agricultural  college 
or  its  chemists  to  previously  demand  of  any  such  purchaser  or  purchasers  so  send- 
ing said  sample  or  samples  for  analysis,  to  give  any  advices,  information  or  state- 
ment to  the  said  college  or  its  chemists  as  to  any  analysis  found  on  the  original 
unbroken  packages  or  bags  from  which  said  sample  or  samples  were  taken,  or  the 
name  or  names  of  any  individual,  representative,  agent,  or  corporation  or  firm 
from  which  said  manures  or  fertilizers  were  purchased;  and  it  shall  be  the  duty 
of  the  agricultural  college  to  have  its  proper  and  authorized  chemist  to  at  once 
make  a  full  and  complete  analysis  of  the  manures  or  fertilizers  contained  in  such 
bottles,  jar  or  jars,  and  within  thirty  days  thereafter  return  to  such  person  or  per- 
sons from  whom  the  sample  or  samples  were  received  a  full  and  complete  analysis 
of  the  said  manures  or  fertilizers  sent  for  analysis;  and  it  shall  be  unlawful  for 
any  individual  or  any  representative  or  agent  of  any  corporation  or  firm,  or 
any  corporation  or  firm  itself,  to  have,  either  directly  or  indirectly,  communica- 
tion with  the  agricultural  college  or  its  chemist,  agent,  or  representative,  or  the 
sender  of  any  sample  with  regard  to  the  analysis  of  any  manures  or  fertilizers  sent 
to-  the  agricultural  college  by  the  purchaser  or  purchasers  thereof  for  analysis 
under  the  provisions  of  this  section,  nor  shall  the  agricultural  college  nor  its 
chemists  nor  its  agent  or  agents  or  the  sender  of  any  sample  furnish  any  informa- 
tion or  communicate  with  any  manufacturer  of  fertilizers  about  any  such  samples 
submitted  for  analysis  until  after  a  report  of  said  analysis  shall  have  been  duly 
furnished  to  the  applicant  for  such  analysis  under  this  section:  Provided,  That  all 
samples  sent  to  the  Maryland  Agricultural  College  by  any  purchaser  or  purchasers 
shall  be  drawn  from  at  least  5  per  cent  of  the  total  number  of  bags  purchased, 


54  EDUCATION    EEPOKT,   1903. 

these  samples  to  be  thoroughly  mixed  in  a  clean,  dry  place,  and  a  suitable  sample 
shall  be  taken  from  said  mixture  and  placed  in  a  suitable  vessel  or  vessels  care- 
fully closed,  with  an  identifying  label,  and  the  same  then  taken  or  sent  by  safe 
carriage  to  the  said  college  for  analysis.  Every  sample  for  analysis  by  the  State 
chemist  as  provided  for  by  this  section  shall  be  fully  described  in  forms  to  be 
furnished  by  said  chemist  free  of  charge,  said  description  giving  a  full  and  com- 
plete statement  of  the  time  and  place  of  sampling,  of  all  marks  on  the  bags  or 
packages  thereof,  and  all  of  the  facts  relating  to  the  same;  said  description  and 
statements  shall  be  made  under  affidavit  before  a  justice  of  the  peace  or  notary 
public,  and  the  same  shall  be  retained  as  confidential  by  said  justice  or  notary 
until  required  by  this  act  to  be  sent  to  the  State  chemist:  Provided  further,  That 
the  purchaser  or  purchasers  sending  such  sample  or  samples  of  fertilizer  shall 
withhold  said  description  or  descriptions  of  said  sample  or  samples  until  he  has 
received  the  report  of  the  said  State  chemist  of  the  analysis  of  the  same.  Any 
person  or  persons  receiving  an  analysis  from  the  State  chemist  under  this  act 
shall  immediately  thereafter  forward  to  him  the  statement  required  by  this  act 
to  be  made  at  the  time  of  taking  the  sample  or  samples;  and  any  person  or  per- 
sons violating  the  provisions  of  this  section  shall  be  punished  by  a  fine  of  $100; 
and  any  manufacturer,  agent,  or  representative  who  shall  be  convicted  of  mak- 
ing false  and  fraudulent  representations  as  to  the  quality  and  constituent  elements 
of  any  fertilizers  by  the  printed  analysis  upon  any  such  bag  or  package  shall  be 
fined  $100  for  the  first  offense  and  $200  for  every  subsequent  offense  thereafter; 
and  the  report  of  the  analysis  of  any  such  sample  of  fertilizer  sent  to  the.  agricul- 
tural college  for  examination  under  this  act  shall  be  prima  facie  evidence  as  to 
the  quality  of  the  lot  of  fertilizer  from  which  said  sample  was  taken. 

SEC.  7.  The  funds  received  by  the  comptroller  from  the  licenses  issued  under  this 
article  shall  be  paid  into  the  treasury  and  be  set  apart  as  a  specific  fund  to  pay 
the  cost  and  expenses  of  conducting  the  analysis  provided  for  in  section  5,  and 
the  treasurer  shall  semiannually  pay  over  to  the  Maryland  Agricultural  College 
the  money  received  from  said  licenses;  provided  that  the  amount  paid  in  any  one 
year  shall  not  be  more  than  at  the  rate  of  section  15  for  each  sample  of  fertilizer 
analyzed  by  said  college. 

SEC.  11.  It  shall  be  the  duty  of  all  State's  attorneys  to  prosecute  all  persons 
accused  of  violating  any  of  the  provisions  of  this  article. 

Article  XL VIII.  SEC.  51.  A  State  horticultural  department  is  established  for 
the  State  of  Maryland;  its  purpose  is  to  suppress  and  eradicate  the  San  Jose  scale, 
peach  yellow,  pear-blight,  and  other  injurious  dangerous  insect  pests  and  plant 
diseases  throughout  the  State  of  Maryland. 

SEC.  52.  The  professor  of  entomology,  the  professor  of  vegetable  pathology,  and 
the  professor  of  horticulture  of  the  Maryland  Agricultural  College  and  Experi- 
ment Station  shall  be  the  State  entomologist,  State  pathologist,  and  State  horti- 
culturist, respectively. 

SEC.  53.  The  said  horticultural  department  shall  be  under  the  control  of  the 
board  of  trustees  of  the  Maryland  Agricultural  College  and  Experiment  Station, 
to  whom  the  officers  created  under  this  subtitle  shall  be  responsible.  The  salary  of 
the  State  entomologist  and  State  pathologist  shall  be  fixed  by  the  said  board  of 
trustees,  and  the  said  board  shall  likewise  fix  the  compensation  of  any  assistant  or 
assistants,  employee  or  employees, and  control  all  expenses  thereof.  The  expenses 
of  said  department  shall  be  paid  out  of  an  appropriation  hereinafter  provided  for, 
and  said  board  of  trustees  are  invested  with  all  powers  necessary  to  carry  into 
effect  the  provisions  of  this  subtitle;  but  no  expenses  shall  be  incurred  beyond  the 
amount  appropriated. 


MASSACHUSETTS. 

Constitution  (1780),  chapters.-  SEC.  2.  Wisdom  and  knowledge,  as  well  as  vir- 
tue, diffused  generally  among  the  body  of  the  people,  being  necessary  for  the 
preservation  of  their  rights  and  liberties;  and  as  these  depend  on  spreading  the 
opportunities  and  advantages  of  education  in  the  various  parts  of  the  country, 
and  among  the  different  orders  of  the  people,  it  shall  be  the  duty  of  legislatures 
and  magistrates,  in  all  future  periods  of  this  Commonwealth,  to  cherish  the  inter- 
ests of  literature  and  the  sciences,  and  all  seminaries  of  them,  especially  the  uni- 
versity at  Cambridge,  public  schools,  and  grammar  schools  in  the  towns;  to 
encourage  private  societies  and  public  institutions,  rewards  and  immunities,  for 
the  promotion  of  agriculture,  arts,  sciences,  commerce,  trades,  manufactures,  and 
a  natural  history  of  the  country;  to  countenance  and  inculcate  the  principles  of 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  55 

humanity  and  general  benevolence,  public  and  private  charity,  industry  and  fru- 
gality, honesty  and  punctuality  in  their  dealings:  sincerity,  good  humor,  and  all 
social  affections  and  generous  sentiments  among  the  people. 

Acts  and  Resolves,!  860,  chapter  166:  SECTION  1.  The  Commonwealth  of  Massachu- 
setts hereby  accepts  the  grant  offered  to  it  by  the  United  States,  as  set  forth  and 
definf  (1  in  the  act  of  Congress  approved  July  2, 1862,  said  act  being  chapter  130  of  the 
statutes  of  the  United  States,  passed  at  the  second  session  of  the  Thirty-seventh 
Congress,  upon  the  terms  and  conditions  contained  and  set  forth  in  said  act  of 
Congress:  and  the  governor  of  the  Commonwealth  is  hereby  authorized  and 
iu.<;  ructed  to  give  due  notice  thereof  to  the  Government  of  the  United  States. 

SEC.  2.  The  governor  is  hereby  authorized  and  instructed  to  receive,  by  himself 
or  his  order,  from  the  Secretary  of  the  Interior  or  any  other  person  authorized  to 
issue  the  same,  all  the  land  scrip  to  which  this  Commonwealth  may  be  entitled  by 
the  provisions  of  the  before-mentioned  act  of  Congress. 

SEC.  3.  The  governor,  with  the  advice  and  consent  of  the  council,  is  hereby 
authorized  and  instructed  to  appoint  a  commissioner,  whose  duty  it  shall  be  to 
locate,  without  unnecessary  delay,  all  the  land  scrip  which  may  come  into  the 
possession  of  the  Commonwealth  by  virtue  of  this  act,  and  to  sell  the  same  from 
time  to  time  on  such  terms  as  the  governor  and  council  shall  determine.  Said 
commissioner  shall  give  a  bond,  with  sufficient  sureties,  in  the  penal  sum  of 
$•">(». 000,  to  be  approved  by  the  governor  and  council,  that  he  will  faithfully  per- 
form the  duties  of  his  office,  and  shall  render  full  and  accurate  returns  to  them,, 
at  the  end  of  every  six  months,  or  oftener  if  required  to  do  so  by  them,  of  his  pro- 
ceedings under  this  act.  The  compensation  of  said  commissioner  shall  be  fixed 
by  the  governor  and  council,  and  shall  lie  paid  out  of  the  treasury  of  the  Com- 
monwealth; and  the  governor  is  hereby  authorized  to  draw  his  warrants  therefor. 

SKC.  4.  All  moneys  received  by  virtue  of  this  act,  for  the  sale  of  land  scrip,  shall 
t>3  immediately  deposited  with  the  treasurer  of  the  Commonwealth,  who  shall 
invest  and  hold  the  same  in  accordance  with  the  fourth  section  of  the  aforemen- 
tioned act  of  Congress.  The  moneys  so  invested  shall  constitute  a  perpetual  f  undr 
to  be  entitled  the  Fund  for  the  Promotion  of  Education  in  Agriculture  and  the- 
Mechanic  Arts,  which  shall  be  appropriated  and  used  in  such  manner  as  the  leg- 
islature shall  prescribe,  and  in  accordance  with  the  said  act  of  Congress. 
(Approved  April  18,  1863.) 

Acts  and  Resolves,  1863,  chapter  220:  Marshall  P.  Wilder  [and  thirteen  other 
persons  mentioned  by  name] .  their  associates  and  successors,  are  hereby  consti- 
tuted a  body  corporate  by  the  name  of  the  Trustees  of  the  Massachusetts  Agricul- 
tural College,  the  leading  object  of  which  shall  be,  without  excluding  other 
scientific  and  classical  studies,  and  including  military  tactics,  to  teach  such 
branches  of  learning  as  are  related  to  agriculture  and  the  mechanic  arts,  in  order 
to  promote  the  liberal  and  practical  education  of  the  industrial  classes  in  the- 
several  pursuits  and  professions  of  life,  to  be  located  as  hereinafter  provided,  and 
they  and  their  successors,  and  such  as  shall  be  duly  elected  members  of  said  cor- 
poration, shall  be  and  remain  a  body  corporate  by  that  name  forever.  And  for 
the  orderly  conducting  of  the  business  of  said  corporation  the  said  trustees  shall 
have  power  and  authority,  from  time  to  time,  as  occasion  may  require,  to  elect  a. 
president,  vice-president,  secretary,  and  treasurer,  and  such  other  officers  of  said 
corporation  as  may  be  found  necessary,  and  to  declare  the  duties  and  tenures  of 
their  respective  offices;  and  also  to  remove  any  trustee  from  the  same  corporation, 
when,  in  their  judgment,  he  shall  be  rendered  incapable,  by  age  or  otherwise,  of 
discharging  the  duties  of  his  office,  or  shall  neglect  or  refuse  to  perform  the  same;, 
and,  whenever  vacancies  shall  occur  in  the  board  of  trustees,  the  legislature  shall 
fill  the  same;  provided  nevertheless,  that  the  number  of  members  shall  never  be 
greater  than  fourteen,  exclusive  of  the  governor  of  the  Commonwealth,  the  secre- 
tary of  the  board  of  education,  the  secretary  of  the  board  of  agriculture,  and  the- 
president  of  the  faculty,  each  of  whom  shall  be  ex  officio  a  member  of  said 
corporation. 

SEC.  2.  The  said  corporation  shall  have  full  power  and  authority  to  determine- 
at  what  times  and  places  their  meetings  shall  be  holden,  and  the  manner  of  noti- 
fying the  trustees  to  convene  at  such  meetings;  and  also,  from  time  to  time,  to- 
elect  a  president  of  said  college,  and  such  professors,  tutors,  instructors,  and  other 
officers  of  said  college,  as  they  shall  judge  most  for  the  interest  thereof,  and  to 
determine  the  duties,  salaries,  emoluments,  responsibilities,  and  tenures  of  their 
several  offices.  And  the  said  corporation  are  further  empowered  to  purchase  or 
erect,  and  keep  in  repair,  such  houses  or  other  buildings  as  they  shall  judge 
necessary  for  the  said  college;  and  also  to  make  and  ordain,  as  occasion  may 
require,  reasonable  rules,  orders,  and  by-laws,  not  repugnant  to  the  constitution 
and  laws  of  this  Commonwealth,  with  reasonable  penalties,  for  the  good  govern- 


56  EDUCATION    REPORT,   1903. 

merit  of  the  said  college,  and  for  the  regulation  of  their  own  body,  and  also  to 
determine  and  regulate  the  course  of  instruction  in  said  college,  and  to  confer 
such  appropriate  degrees  as  they  may  determine  and  prescribe;  provided  never- 
theless, that  no  corporate  business  shall  be  transacted  at  any  meeting  unless  one- 
half,  at  least,  of  the  trustees  are  present. 

SEC.  3.  The  said  corporation  may  have  a  common  seal,  which  they  may  alter  or 
renew  at  their  pleasure,  and  all  deeds  sealed  with  the  seal  of  said  corporation  and 
signed  by  their  order,  shall,  when  made  in  their  corporate  name,  be  considered  in 
law  as  the  deeds  of  said  corporation;  and  said  corporation  may  sue  and  be  sued 
in  all  actions,  real,  personal,  or  mixed,  and  may  prosecute  the  same  to  final  judg- 
ment and  execution,  by  the  name  of  the  Trustees  of  the  Massachusetts  Agricul- 
tural College;  and  said  corporation  shall  be  capable  of  taking  and  holding  in  fee 
simple,  or  any  less  estate,  by  gift,  grant,  bequest,  devise  or  otherwise,  any  lands, 
tenements  or  other  estate,  real  or  personal,  provided  that  .the  clear  annual  income 
of  the  same  shall  not  exceed  $30,000. 

SEC.  4.  The  clear  rents  and  profits  of  all  the  estate,  real  and  personal,  of  which 
the  said  corporation  shall  be  seized  and  possessed,  shall  be  appropriated  to  the 
uses  of  said  college,  in  such  manner  as  shall  most  effectually  promote  the  objects 
declared  in  the  first  section  of  this  act,  and  as  may  be  recommended  from  time  to 
time  by  the  said  corporation,  they  conforming  to  the  will  of  any  donor  or  donors, 
in  the  application  of  any  estate  which  may  be  given,  devised,  or  bequeathed  for 
any  particular  object  connected  with  the  college. 

SEC.  5.  The  legislature  of  this  Commonwealth  may  grant  any  further  powers 
to,  or  alter,  limit,  annul,  or  restrain,  any  of  the  powers  vested  by  this  act  in  the 
said  corporation,  as  shall  be  found  necessary  to  promote  the  best  interests  of  the 
said  college;  and  more  especially  may  appoint  and  establish  overseers  or  visitors 
of  the  said  college  with  all  necessary  powers  for  the  better  aid.  preservation,  and 
government  thereof.  The  said  corporation  shall  make  an  annual  report  of  its 
condition,  financial  and  otherwise,  to  the  legislature  at  the  commencement  of  its 
session. 

SEC.  6.  The  board  of  trustees  shall  determine  the  location  of  said  college,  in 
some  suitable  place  within  the  limits  of  this  Commonwealth,  and  shall  purchase, 
or  obtain  by  gift,  grant,  or  otherwise,  in  connection  therewith,  a  tract  of  land 
containing  at  least  100  acres,  to  be  used  as  an  experimental  farm,  or  otherwise,  so 
as  best  to  promote  the  objects  of  the  institution;  and  in  establishing  the  by-laws 
and  regulations  of  said  college,  they  shall  make  such  provision  for  the  manual 
labor  of  the  students  on  said  farm  as  they  may  deem  just  and  reasonable.  The 
location,  plan  of  organization,  government,  and  course  of  study  prescribed  for 
the  college  shall  be  subject  to  the  approval  of  the  legislature. 

SEC.  7.  One-tenth  part  of  all  the  moneys  which  may  be  received  by  the  State 
treasurer  from  the  sale  of  land  scrip,  by  virtue  of  the  provisions  of  the  one  hundred 
and  thirtieth  chapter  of  the  acts  of  the  Thirty-seventh  Congress  at  the  second 
session  thereof,  approved  July  2,  1862,  and  of  the  laws  of  this  Commonwealth, 
shall  be  paid  to  said  college  and  appropriated  toward  the  purchase  of  said  site  or 
farm;  provided,  nevertheless,  that  the  said  college  shall  first  secure,  by  valid 
subscription  or  otherwise,  the  further  sum  of  $75,000  for  the  purpose  of  erecting 
suitable  buildings  thereon,  and  upon  satisfactory  evidence  that  this  proviso  has 
been  complied  with,  the  governor  is  authorized,  from  time  to  time,  to  draw  his 
warrant  therefor. 

SEC.  8.  When  the  said  college  shall  have  been  duly  organized,  located,  and  estab- 
lished, as  and  for  the  purposes  specified  in  this  act,  there  shall  be  appropriated  and 
paid  to  its  treasurer  each  year,  on  the  warrant  of  the  governor,  two-thirds  of  the 
annual  interest  or  income  which  may  be  received  from  the  fund  created  under 
and  by  virtue  of  the  act  of  Congress  named  in  the  seventh  section  of  this  act,  and 
the  laws  of  this  Commonwealth  accepting  the  provisions  thereof,  and  relating  to 
the  same. 

SEC.  9.  In  the  event  of  a  dissolution  of  said  corporation,  by  its  voluntary  act  at 
any  time,  the  real  and  personal  property  belonging  to  the  corporation  shall  revert 
and  belong  to  the  Commonwealth,  to  be  held  by  the  same,  and  to  be  disposed  of 
as  it  may  seem  fit,  in  the  advancement  of  education  in  agriculture  and  the 
mechanic  arts.  The  legislature  shall  have  authority  at  any  time  to  withhold  the 
portion  of  the  interest  or  income  from  said  fund  provided  in  this  act,  whenever 
the  corporation  shall  cease  or  fail  to  maintain  a  college  within  the  provisions  and 
spirit  of  this  act  and  the  before-mentioned  act  of  Congress,  or  for  any  cause  which 
they  may  deem  sufficient.  (Approved  April  29,  1863.) 

Ibid.,  1864,  chapter  223:  SECTION  1.  The  corporate  name  of  "  The  Trustees  of  the 
Massachusetts  Agricultural  College,"  shall  hereafter  be  ''The  Massachusetts 
Agricultural  College." 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  57 

SEC.  2.  The  location,  plan  of  organization,  government,  and  course  of  study  pre- 
scribed for  said  college  shall  be  subject  to  the  approval  of  the  governor  and  council. 

SEC.  3.  It  shall  be  the  duty  of  the  commissioner  authorized  to  be  appointed  by 
section  3  of  chapter  166  of  the  acts  of  1863  to  sell  from  time  to  time  the  land 
scrip  which  may  come  into  the  possession  of  the  Commonwealth  by  virtue  of  said 
act,  on  such  terms  as  the  governor  and  council  shall  determine. 

SEC.  4.  The  governor,  with  the  advice  and  consent  of  the  council,  is  hereby 
authorized  and  instructed  to  transfer  to  the  Massachusetts  Agricultural  College 
one-tenth  of  the  entire  amount  of  land  scrip  received  by  the  Commonwealth  from 
the  United  States  by  virtue  of  an  act  of  Congress  approved  by  the  President  July 
2,  1862,  and  the  proceeds  from  the  sale  of  said  land  scrip  shall  be  expended  only 
for  the  purchase  of  land  for  the  use  of  said  college.  If  any  portion  of  such  pro- 
ceeds shall  remain  unexpended  after  the  purchase  of  a  suitable  site  or  farm  for 
said  college,  then  said  college  shall  pay  the  same  over  to  the  treasurer  of  the  Com- 
monwealth, who  shall  invest  and  hold  the  same  as  a  part  of  the  fund  for  the  pro- 
motion of  education  in  agriculture  and  the  mechanic  arts,  established  by  the 
fourth  section  of  the  one  hundred  and  sixty-sixth  chapter  of  the  acts  of  the  year 
1863. 

SEC.  5.  To  defray  the  necessary  expenses  of  establishing  and  maintaining  the 
Massachusetts  Agricultural  College,  there  may  be  advanced  from  the  treasury,  to 
be  refunded  as  provided  in  section  6  of  this  act,  the  sum  of  $10,000,  and  the  gov- 
ernor is  hereby  authorized  to  draw  his  warrants  therefor:  Provided,  That  the 
money  shall  be  paid  to  the  treasurer  of  said  college. 

SEC.  7.  So  much  of  section  3,  of  chapter  166  of  the  acts  of  1863,  as  authorizes  the 
commissioner  therein  named  to  locate  land  scrip  of  the  Commonwealth,  and  so 
much  of  section  6,  of  chapter  220  of  the  acts  of  1863,  as  provides  that  the  location, 
plan  of  organization,  government,  and  course  of  study  prescribed  for  paid  college 
shall  be  subject  to  the  approval  of  the  legislature,  and  all  other  acts  and  parts  of 
acts  inconsistent  herewith  are  hereby  repealed.  (Approved  May  11,  1864.) 

Ibid.,  1865,  chapter  195:  SECTION  1.  The  town  of  Amherst  is  hereby  authorized 
to  raise,  by  issuing  its  bonds,  or  by  loan  or  tax,  the  sum  of  $50,000,  to  be  appropriated 
and  paid  to  the  Mnssarh  us«-t  ts  Agricultural  College,  out  of  the  treasury  of  the  town, 
and  applied  in  the  erection  of  suitable  buildings  upon  the  farm  of  said  college  in 
paid  town,  provided  1hat  at  a  legal  town  meeting,  called  for  that  purpose,  two- 
thirds  of  the  voters  present  and  voting  thereon  shall  vote  to  raise  said  amount  for 
said  object.  (Approved  May  5,  1865.) 

Ibid..  I  so:,,  ,-hapter  240:  Appropriates  $10,000  to  aid  "in  establishing  college." 

Ibid..  1*66,  chapter  263:  SKCTIOX  1.  The  board  of  agriculture  shall  constitute  a 
board  of  overseers  of  the  Massachusetts  Agricultural  College,  with  powers  and 
duties  to  be  denned  and  fixed  by  the  governor  and  council.  But  said  board  of 
overseers  shall  have  no  powers  granted  to  control  the  action  of  the  trustees  of  said 
college,  or  to  negative  their  powers  and  duties,  as  defined  by  chapter  220  of  the 
acts  of  1863. 

SEC.  2.  The  board  of  agriculture  is  hereby  authorized  to  locate  the  State  agri- 
cultural cabinet  and  library,  and  to  hold  its  meetings  in  said  college. 

SEC.  3.  The  president  of  the  agricultural  college  is  hereby  constituted  a  member, 
ex  officio,  of  the  board  of  agriculture. 

SEC.  4.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 
(Approved  May  26,  1866.) 

Ibid.,  1867,  chapter  189:  SECTION  1,  Directs  the  treasurer  of  the  Commonwealth 
to  pay  to  college  accumulated  interest  on  fund  "  since  July  30,  1864." 

Ibid.,  1868,  Resolves,  chapter  8:  That  his  excellency  the  governor  be  authorized 
to  issue  to  the  president  and  trustees  of  the  Massachusetts  Agricultural  College 
such  arms  and  equipments,  for  the  use  of  that  institution,  as  in  his  judgment  may 
be  so  distributed  without  detriment  to  the  militia  service;  provided,  the  said  pres- 
ident and  trustees  shall  be  held  personally  responsible  for  the  same.  (Approved 
March  11,  1868.) 

Ibid.,  1869,  Resolves,  chapter  34:  Appropriates  $50,000  from  treasury  of  Com- 
monwealth "  for  the  erection  of  buildings  and  other  improvements." 

Ibid.,  1870,  Resolves,  chapter  75:  Appropriates  $25,000  from  the  treasury  for  cnr- 
rent  expenses,  and  further,  "  Resolved,  That  the  secretary  of  the  board  of  educa- 
tion and  the  secretary  of  the  board  of  agriculture  be  directed  to  devise  a  plan,  if 
practicable,  by  which  the  college  may,  without  expense  to  the  Commonwealth,  be 
recognized  as  an  independent  institution  in  analogy  with  other  colleges  in  the  Com- 
monwealth, and  that  they  inquire  whether  the  term  of  study  in  said  college  should 
not  be  reduced ;  and  report  to  the  next  general  court. ? '  (Approved  June  18, 1870. ) 

Ibid.,  1871,  chapter  378:  SECTION  1.  Chapter  220  of  the  acts  of  1863,  entitled  "An 
act  to  incorporate  the  Trustees  of  the  Massachusetts  Agricultural  College,"  is 


58  EDUCATION    EEPOET,   1903. 

hereby  amended  as  follows,  to  wit:  Strike  from  the  first  section  thereof  the  words, 
"  whenever  vacancies  shall  occur  in  the  board  of  trustees,  the  legislature  shall  fill 
the  same,"  and  substitute  therefor  the  words,  "also  from  time  to  time  to  elect 
new  members."  Strike  the  last  sentence  from  the  fifth  section  and  substitute 
therefor  the  following,  4i  the  college  shall  furnish  to  the  governor  and  council  a 
copy  of  the  annual  report  of  its  operations."  (Approved  May  26,  1871.) 

Ibid.,  1871,  Resolves,  chapter  89:  Appropriates  $50,000  from  the  treasury  for 
current  expenses,  and  adds  to  the  fund  for  the  promotion  of  education  in  agri- 
culture and  the  mechanic  arts  a  sum  sufficient  to  increase  said  fund  so  that  it 
shall  amount  to  $350,000.  (Approved  May  26,  1871.) 

Ibid.,  1874,  Resolves,chapter  57:  Appropriates  $18,000  "  in  aid  of  that  institution." 

Ibid.,  1876,  Resolves,  chapter  5.2:  Appropriates  $5,000  out  of  treasury  for  current 
expenses,  "provided,  That  the  excess  of  expenditures  above  receipts  shall  not 
exceed  that  sum." 

Ibid.,  1877,  Resolves,  chapter  68:  Appropriates  $5,000  from  treasury,  one-half 
for  current  expenses  and  the  other  half  '*  for  manual  labor  which  students  may 
perform  who  are  residents  of  the  Commonwealth,  but  no  student  shall  be  paid 
more  than  $100  during  one  year." 

Ibid.,  1879,  chapter  258:  SECTION  1.  Appropriates  $32,000  ;<  to  pay  the  indebted- 
ness of  the  Massachusetts  Agricultural  College." 

SEC.  2.  The  expenses  of  the  institution  shall  be  kept  within  the  income  to  which 
it  is  legally  entitled,  and  the  board  of  trustees  shall  be  personally  liable  for  any 
debt  contracted  for  any  purpose  in  excess  of  the  assured  income  of  the  college  or 
for  the  payment  of  which  money  has  not  been  previously  provided. 

SEC.  3.  The  governor  and  council  are  hereby  requested  to  examine  the  affairs  of 
said  college  and  report  to  the  next  general  court  some  plan  for  its  permanent  con- 
tinuance with  its  relations  to  the  State  definitely  fixed,  or  some  plan  for  its  dis- 
continuance, but  with  the  provision  in  any  event  that  its  finances  shall  from  this 
time  be  finally  separated  from  the  treasury  of  the  Commonwealth.  (Approved 
April  24, 1879.) 

Ibid.,  1882,  chapter  212:  SECTION  1.  An  agricultural  experiment  station  shall  be 
established  and  maintained  at  the  Massachusetts  Agricultural  College  in  the  town 
of  Amherst. 

SEC.  2.  The  management  of  said  station  shall  be  vested  in  a  board  of  control  of 
seven  persons,  of  which  board  the  governor  shall  be  president  ex  officio  and  of 
which  two  members  shall  be  elected  from  the  State  board  of  agriculture,  two 
from  the  trustees  of  the  Massachusetts  Agricultural  College  by  said  trustees,  one 
from  the  Massachusetts  society  for  promoting  agriculture  by  said  society,  and  the 
remaining  member  shall  be  president  of  the  Massachusetts  Agricultural  College. 
The  said  board  shall  choose  a  secretary  and  treasurer. 

SEC.  3.  The  said  board  of  control  shall  hold  an  annual  meeting  in  the  month  of 
January,  at  which  time  it  shall  make  to  the  legislature  a  detailed  report  of  all 
moneys  expended  by  its  order^and  of  the  results  of  the  experiments  and  investi- 
gations conducted  at  said  station  with  the  name  of  each  experimenter  attached  to 
the  report  of  his  own  work,  which  detailed  report  shall  be  printed  in  the  animal 
report  of  the  secretary  of  the  State  board  of  agriculture. 

SEC.  4.  The  said  board  of  control  shall  at  its  first  meeting  arrange  for  the  retir- 
ing of  two  members  each  year,  and  the  successors  of  such  retiring  members  shall 
be  elected  by  the  bodies  respectively  which  such  retiring  members  represent,  pro- 
vided that  in  the  years  in  which  under  such  arrangement  the  president  of  the 
Massachusetts  Agricultural  College  would  be  retired  the  said  president  shall 
remain  and  only  one  member  shall  be  retired. 

SEC.  5.  The  said  board  of  control  shall  appoint  a  director,  a  chemist,  and  all 
necessary  assistants,  and  shall  provide  suitable  and  necessary  apparatus  and  appli- 
ances for  the  purpose  of  conducting  experiments  and  investigations  in  the  follow- 
ing subjects:  (1)  The  causes,  prevention,  and  remedies  of  the  diseases  of  domestic 
animals,  plants  and  trees;  (2)  the  history  and  habits  of  insects  destructive  to  vege- 
tation and  the  means  of  abating  them;  (3)  the  manufacture  and  composition  of 
both  foreign  and  domestic  fertilizers,  their  several  values,  and  their  adaptability 
to  different  crops  and  soils;  (4)  the  values  under  all  conditions,  as  food  for  all 
farm  animals,  for  various  purposes,  of  the  several  forage,  grain,  and  root  crops; 
(5)  the  comparative  value  of  green  and  dry  forage,  and  the  cost  of  producing  and 
preserving  it  in  the  best  condition;  (6)  the  adulteration  of  any  article  of  food 
intended  for  the  use  of  men  or  animals,  and  in  any  other  subjects  which  may  be 
deemed  advantageous  to  the  agriculture  and  horticulture  of  the  Commonwealth. 
It  may  from  time  to  time  distribute  any  or  all  of  the  results  of  any  experiment  or 
investigation  to  such  newspapers  as  may  desire  to  publish  the  same. 

SEC.  6.  There  shall  be  paid  from  the  treasury  of  the  Commonwealth  to  the 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  59 

treasurer  of  said  board  of  control  before  the  1st  day  of  July,  1883,  the  sum  of  $3,000 
to  establish,  prepare,  and  equip  said  station;  and  for  the  maintenance  of  said 
station  hereafter  there  shall  also  be  paid  to  said  treasurer  the  sum  of  $5,000  annu- 
ally in  regular  quarterly  installments.  (Approved  May  12,  1882.) 

Ibid. ,  1882,  Resolves,  chapter  49:  Appropriates  $9,000  for  repairs  and  drill  house. 

Ibid.,  1883.  chapter  103:  The  board  of  control  of  the  agricultural  experiment 
station  shall  annually,  in  the  month  of  January,  make  a  detailed  report  to  the 
State  board  of  agriculture  of  all  moneys  expended  by  its  order  and  of  the  results 
of  the  experiments  and  investigations  conducted  at  said  station,  with  the  name 
of  each  experimenter  attached  to  the  report  of  his  own  work.  (Approved  March 
30,  1883.) 

Ibid..  1883,  Resolves,  chapter  46:  That  there  shall  be  paid  annually  for  the 
term  of  four  years,  from  the  treasury  of  the  Commonwealth  to  the  treasurer  of 
tho  Massachusetts  Agricultural  College  at  Amherst  the  sum  of  $10,000  to  enable 
the  trustees  of  said  college  to  provide  for  the  students  of  said  institution  the  theo- 
retical and  practical  education  required  by  its  charter  and  the  law  of  the  United 
States  relating  thereto:  Resolved,  That  annually  for  the  term  of  four  years  eighty- 
free  scholarships  be,  and  hereby  are,  established  at  the  Massachusetts  Agricultural 
College,  the  same  to  be  given  by  appointment  to  persons  in  this  Commonwealth 
after  a  competitive  examination  under  rules  prescribed  by  the  president  of  the  col- 
lege at  such  time  and  place  as  the  senator  then  in  office  from  each  district  shall 
desigrat3,  and  the  said  scholarships  ahall  be  assigned  equally  to  each  senatorial 
distric  t;  but  if  there  shall  bo  less  than  two  successful  applicants  for  scholarships 
from  any  senatorial  district  such  scholarships  maybe  distributed  by  the  president 
of  the  college  equally  among  the  other  districts  as  nearly  as  possible;  but  no  appli- 
cant shall  be  entitled  to  a  scholarship  unless  he  shall  pass  an  examination  in 
accordance  with  the  rules  to  be  established  as  hereinbefore  provided.  (Approved 
JuneS,  1883.) 

Ibid.,  1884,  Resolves,  chapter  50:  Appropriates  $36,000  for  new  buildings:  Pro- 
r t<lc< I,  Imirever,  That  the  power  of  appointment  of  members  of  said  board  of  trus- 
tees and  the  powers  of  removal  denned  in  section  1  of  chapter  220  of  the  acts  of 
1863  shall  be  hereafter  exercised  by  the  governor  with  the  advice  and  consent  of 
the  council  instead  of  said  board;  and  said  board  during  the  current  year  shall,  by 
l<»t.  divide  the  elected  members  thereof  into  seven  classes  of  two  members  each,  of 
whom  one  class  shall  vacate  their  office  January  1,  1885,  and  one  class  on  the  1st 
of  January  in  each  year  thereafter,  and  such  action  shall  be  certified  by  the  board 
to  the  governor  and  council,  and  appointments  to  fill  the  vacancies  so  created  shall 
be  made  for  the  term  of  seven  years.  (Approved  May  8,  1884.) 

Ibid.,  1884.  Resolves,  chapter  48:  Ordered,  That  8.000  copies  of  the  report  of  the 
board  of  control  of  the  Massachusetts  Agricultural  Experiment  Station  at  Amherst 
be  printed.  (Repealed  in  1885.) 

Ibid.,  1885,  chapter  327:  SECTION  1.  There  shall  be  paid  out  of  the  treasury  of 
the  Commonwealth  to  the  treasurer  of  the  board  of  control  of  the  Massachusetts 
Agricultural  Experiment  Station  at  Amherst  the  sum  of  $5,000  annually,  in  regu- 
lar quarterly  installments,  for  the  proper  maintenance  of  said  experiment  station, 
the  said  sum  to  be  in  addition  to  the  amount  allowed  for  the  same  purpose  by  sec- 
tion 6  of  chapter  212  of  the  acts  of  1882.  (Approved  June  15,  1885.) 

Ibid.,  Resolves,  chapters  65  and  66:  Appropriate  $51,000  for  building  and  fur- 
nishings for  college  and  station. 

Ibid.,  1886,  Resolves,  chapter  34:  (1)  That  there  shall  be  paid  annually  from  the 
treasury  of  the  Commonwealth  to  the  treasurer  of  the  Massachusetts  Agricultural 
College  at  Amherst  the  sum  of  $10,000,  to  enable  the  trustees  of  said  college  to 
provide  for  the  students  of  said  institution  the  theoretical  and  practical  education 
required  by  its  charter  and  the  law  of  the  United  States  relating  thereto.  (2)  That 
annually  the  scholarships  established  by  chapter  46  of  the  Resolves  of  1883  be  given 
and  continued  in  accordance  with  the  provisions  of  said  chapter.  (Approved 
April  16,  1886.) 

Ibid.,  1886,  Resolves,  chapter  60:  Appropriates  $7,000  for  repairs  and  improve- 
ments. 

Ibid.,  1887,  Resolves,  chapter  31:  SECTION  1.  The  members  of  the  present  board 
of  control  of  the  agricultural  experiment  station,  established  at  the  Massachusetts 
Agricultural  College  in  the  town  of  Amherst,  their  associates  and  successors,  are 
hereby  made  a,  body  corporate  under  the  name  of  the  Massachusetts  Agricultural 
Experiment  Station,  for  the  purpose  of  carrying  out  more  fully  and  effectually  the 
provisions  of  the  act  establishing  said  station,  as  set  forth  in  chapter  212  of  the 
acts  of  the  year  1882  and  of  all  acts  in  addition  to  or  amendment  thereof. 

SFC.  2.  Said  corporation  shall  be  constituted  as  provided  in  sections  2  and  4  of 
said  chapter  212. 


60  EDUCATION   REPORT,   1903. 

SEC.  3.  The  duties  of  said  corporation  shall  be  the  same  as  set  out  in  sections  3 
and  5  of  said  chapter  212. 

SEC.  4.  The  payments  from  the  treasury  of  the  Commonwealth  authorized  to  be 
made  to  the  treasurer  of  said  board  of  control  by  section  G  of  said  chapter  212  and 
section  1  of  chapter  327  of  the  acts  of  1885  shall,  in  the  same  manner  as  therein 

Erovided  and  for  the  same  purposes,  be  paid  to  the  treasurer  of  the  corporation 
ereby  created. 

SEC.  5.  The  said -corporation  shall  by  virtue  of  this  act  take  and  hold,  as  and  for 
its  property,  all  the  property  at  present  in  the  charge  of  said  board  of  control,  and 
is  hereby  further  authorized  to  hold  such  real  estate  and  personal  property  as  may 
be  necessary  for  its  purposes.  (Approved  February  21,  1887.) 

Ibid. ,  1887,  chapter  212:  SECTION  1.  The  Commonwealth  of  Massachusetts  assents 
to  and  accepts  a  grant  of  moneys  to  be  annually  made  by  the  United  States,  as  set 
forth  and  denned  in  an  act  of  Congress, designated  "Public  No.  112,  being  passed 
at  the  second  session  of  the  Forty-ninth  Congress  and  approved  March  2, 1887,  and 
•upon  the  terms  and  conditions  contained  and  set  forth  in  said  act  of  Congress." 
[See  chap.  Ill,  of  Acts  1889.] 

SEC.  2.  The  governor  of  the  Commonwealth  is  hereby  authorized  and  instructed 
to  give  due  notice  thereof  to  the  Government  of  the  United  States.  (Approved 
April  20,  1887.) 

Ibid.,  1887,  Resolves,  chapter  44:  That  there  be  printed  12,000  extra  copies  of  the 
report  of  the  State  experiment  station  at  Amherst,  the  same  to  be  bound  with  the 
report  of  the  board  of  agriculture.  (Fifteen  thousand  copies  by  chap.  15,  Resolves 
of  1886.) 

Ibid.,  1888,  chapter  296:  Every  lot  or  parcel  of  commercial  fertilizer  or  material 
used  for  manurial  purposes,  sold,  offered  or  exposed  for  sale  within  this  Common- 
wealth, the  retail  price  of  which  is  $10  or  more  per  ton,  shall  be  accompanied  by 
a  plainly-printed  statement  clearly  and  truly  certifying  the  number  of  net  pounds 
of  fertilizer  in  the  package,  the  name,  brand,  or  trade-mark  under  which  the  fer- 
tilizer is  sold,  the  name  and  address  of  the  manufacturer  or  importer,  the  place  of 
manufacture,  and  a  chemical  analysis  stating  the  percentage  of  nitrogen  or  its 
equivalent  in  ammonia,  of  potash  soluble  in  distilled  water  and  reverted,  as  well 
as  the  total  phosphoric  acid.  In  the  case  of  those  fertilizers  which  consist  of  other 
and  cheaper  materials  said  label  shall  give  a  correct  general  statement  of  the  com- 
position and  ingredients  of  the  fertilizer  it  accompanies. 

SEC.  2.  Before  any  commercial  fertilizer  the  retail  price  of  which  is  $10  or  more 
per  ton  is  sold,  offered,  or  exposed  for  sale,  the  importer,  manufacturer,  or  party 
who  causes  it  to  be  sold  or  offered  for  sale  within  the  State  of  Massachusetts  shall 
file  with  the  director  of  the  Massachusetts  Agricultural  Experiment  Station  a  cer- 
tified copy  of  the  statement  named  in  section  1  of  this  act,  and  shall  also  deposit 
with  said  director,  at  his  request,  a  sealed  glass  jar  or  bottle  containing  not  less 
than  1  pound  of  the  fertilizer,  accompanied  by  an  affidavit  that  it  is  a  fair  average 
sample  thereof. 

SEC.  3.  The  manufacturer,  importer,  agent,  or  seller  of  ?,ny  brand  of  commercial 
fertilizer  or  material  used  for  manurial  purposes,  the  retail  price  of  which  is  $10 
or  more  per  ton,  shall  pay  for  each  brand,  on  or  before  the  1st  day  of  May,  annu- 
ally, to  the  director  of  the  Massachusetts  Agricultural  Experiment  Station,  an 
analysis  fee  of  $5  for  each  of  the  three  following  fertilizing  ingredients,  namely, 
nitrogen,  phosphorus  and  potassium  contained  or  claimed  to  exist  in  said  brand  or 
fertilizer:  Provided,  That  whenever  the  manufacturer  or  importer  shall  have  paid 
the  fee  herein  required  for  any  person  acting  as  agent  or  seller  for  such  manufac- 
turer or  importer,  such  agent,  or  seller  shall  not  be  required  to  pay  the  fee  named 
in  this  section;  and  on  receipt  of  said  analysis  fees  and  statement  specified  in 
section  2  the  director  of  said  station  shall  issue  certificates  of  compliance  with 
this  act. 

SEC.  7.  The  director  of  the  Massachusetts  Agricultural  Experiment  Station  shall 
pay  the  analysis  fees  as  soon  as  received  by  him,  into  the  treasury  of  the  station, 
and  shall  cause  one  analysis  or  more  of  each  fertilizer  or  material  used  for  manu- 
rial purposes  to  be  made  annually,  and  publish  the  results  monthly,  with  such 
additional  information  as  circumstances  advise,  provided  such  information  relates 
only  to  the  composition  of  the  fertilizer  or  fertilizing  material  inspected.  Said 
director  is  hereby  authorized  in  person  or  by  deputy  to  take  a  sample,  not  exceed- 
ing two  pounds  in  weight,  for  analysis,  from  any  lot  or  package  of  fertilizer  or 
any  material  used  for  manurial  purposes  which  may  be  in  the  possession  of  any 
manufacturer,  importer,  agent,  or  dealer;  but  said  sample  shall  be  drawn  in  the 
presence  of  said  party  or  parties  in  interest  or  their  representative,  and  taken 
from  a  parcel  or  a  number  of  packages  which  shall  not  be  less  than  10  per  cent  of 
the  whole  lot  inspected,  and  shall  be  thoroughly  mixed  and  then  divided  into  two 


LA\vs    KELATING    TO    LAND-GRANT    COLLEGES.  61 

equal  samples,  and  placed  in  glass  vessels  and  carefully  sealed,  and  a  label  placed 
on  each  stating  the  name  or  brand  of  the  fertilizer  or  material  sampled .  the  name 
of  the  party  from  whose  stock  the  sample  was  drawn,  and  the  time  and  place  of 
drawing,  and  said  label  shall  also  be  signed  by  the  director  or  his  deputy,  and  by 
the  party  or  parties  in  interest  or  their  representatives  present  at  the  drawing  and 
sailing  of  said  sample;  one  of  said  duplicate  samples  shall  be  retained  by  the 
director  and  the  other  by  the  party  whose  stock  was  sampled.  All  parties  violat- 
ing this  act  shall  be  prosecuted  by  the  director  of  said  station,  but  it  shall  be  the 
duty  of  said  director,  upon  ascertaining  any  violation  of  this  act,  to  forthwith 
notify  the  manufacturer  or  importer  in  writing,  and  give  hinj.  not  less  than  thirty 
days  thereafter  in  which  to  comply  with  the  requirements  of  this  act,  but  there 
shall  be  no  prosecution  in  relation  to  the  quality  of  the  fertilizer  or  fertilizing 
material  if  the  same  shall  be  found  substantially  equivalent  to  the  statement  of 
analysis  made  by  the  manufacturer  or  importer.  (Approved  May  3, 1888.) 

Ibid.,  1888,  chapter  333:  SECTION  1.  Section  2  of  chapter  212  of  the  acts  of  1882 
is  hereby  amended  so  that  the  same  shall  read  as  follows:  "  The  management  of 
said  station  shall  be  vested  in  aboard  of  control  of  eleven  persons,  of  which  board 
the  governor  shall  be  president  ex-officio,  and  of  which  two  members  shall  be 
elected  from  the  State  board  of  agriculture,  by  said  board  of  agriculture;  two 
from  the  trustees  of  the  Massachusetts  Agricultural  College,  by  said  trustees;  one 
from  the  Massachusetts  Society  for  the  Promotion  of  Agriculture,  by  said  society; 
one  from  the  Massachusetts  State  Grange,  by  said  State  grange;  one  from  the 
Massachusetts  Horticultural  Society,  by  said  society;  and  the  remaining  mem- 
bers shall  be  the  president  of  the  Massachusetts  Agricultural  College,  the  director 
of  the  Massachusetts  Agricultural  Experiment  Station,  and  the  secretary  of  the 
State  Board  of  Agriculture,  provided,  however,  that  no  person  so  elected  by  any 
of  the  above  named  boards  or  societies  shall  continue  to  be  a  member  of  said 
board  of  control  after  he  has  ceased  to  be  a  member  of  the  board  or  of  the  society 
by  which  he  was  elected.  The  said  board  shall  choose  a  secretary  and  treasurer. 
(Approved  May  10,  1888.) 

Ibid. ,  Resolves,  1888,  chapter  66 :  Appropriates  $19,000  for  new  buildings,  improve- 
ments, and  repairs. 

Ibid.,  1889,  chapter  111:  SECTION  1.  Section  1  of  chapter  212  of  the  acts  of  1887, 
is  hereby  amended  by  adding  after  the  word  "  Congress  "  at  the  end  of  the  sec- 
tion the  words  ' 4  and  the  Massachusetts  Agricultural  College  is  hereby  authorized 
and  designated  to  receive  said  grant  of  money." 

SEC.  2.  The  governor  of  the  Commonwealth  is  hereby  requested  to  give  due 
notice  of  this  amendment  to  the  Government  of  tlje  United  States.  (Approved 
March  13,  1889.) 

Ibid.,  1889,  chapter  45:  The  trustees  of  the  Massachusetts  Agricultural  College 
shall  hereafter  be  allowed  and  paid  from  the  treasury  of  the  Commonwealth  such 
sum  as  is  necessary  for  their  personal  and  incidental  expenses  incurred  in  the  dis- 
charge of  their  duties,  in  the  same  manner  as  the  trustees  of  other  public  institu- 
tions are  now  paid  and  allowed.  (Approved  February  18, 1889.) 

Ibid.,  1889,  Resolves,  chapter  12:  That  there  be  paid  annually,  for  the  term  of 
4  years,  from  the  treasury  of  the  Commonwealth  to  the  treasurer  of  the  Massa- 
chusetts Agricultural  College  at  Amherst,  the  sum  of  $10,000,  to  be  expended 
under  the  direction  of  the  trustees,  for  the  following  purposes,  to  wit:  Five  thou- 
sand dollars  for  the  establishment  of  a  labor  fund  to  assist  needy  students  of  said 
college,  and  $5.000  to  provide  the  theoretical  and  practical  education  required  by 
its  charter  and  the*  law  of  the  United  States  relating  thereto.  The  said  sum  shall 
be  paid  in  equal  quarterly  payments.  (Approved  March  1,  1889.) 

Ibid.,  1889,  Resolves,  chapter  63:  That  there  be  allowed  and  paid  out  of  the 
Commonwealth  a  sum  not  exceeding  $10,000,  to  be  expended  by  the  board  of  con- 
trol, for  the  purpose  of  erecting  a  suitable  building  and  stocking  it,  and  for  pro- 
viding the  necessary  apparatus  and  a  greenhouse  at  the  agricultural  experiment 
station  at  Amherst,  to  enable  the  said  board  of  control  to  establish  a  department 
of  vegetable  physiology  for  the  purpose  of  investigating  the  diseases  of  plants. 
(Approved  April  12,  1889.) 

Ibid.,  1889,  chapter  164:  [Allows  the  printing  of  5.000  copies  of  the  report  of  the 
Massachusetts  Agricultural  College  instead  of  3,500,  as  named  in  a  general  act 
authorizing  public  printing  of  1885,  chapter  369.] 

Ibid. ,  1891 ,  chapter  423:  SECTION  1 .  The  Commonwealth  of  Massachusetts  hereby 
assents  to  the  purpose  of  the  grants  of  money  authorized  by  the  act  of  Congress, 
said  act  being  chapter  841  of  the  acts  of  the  first  session  of  the  Fifty-first  Congress 
and  approved  on  the  30th  day  of  August,  1890. 

SEC.  2.  The  Commonwealth  of  Massachusetts  hereby  accepts  the  annual  grant 
of  moneys  made  by  the  United  States,  as  set  forth  and  defined  in  said  act  of  Con- 


62  EDUCATION    REPORT,  1903. 

gress,  and  the  treasurer  and  receiver-general  of  this  Commonwealth  is  hereby 
designated  to  receive  the  same  annually,  to  be  applied  by  him  under  and  for  the 
purposes  of  said  act;  and  the  Massachusetts  Institute  of  Technology  is  hereby 
authorized  to  receive  one-third  and  the  Massachusetts  Agricultural  College  two- 
thirds  of  said  grant  of  money,  unless  the  courts  should  decide  that  the  act  of  Con- 
gress granted  all  said  money  to  the  Massachusetts  Agricultural  College. 

SEC.  3.  The  governor  of  the  Commonwealth  is  hereby  authorized  and  instructed 
to  fifive  due  notice  thereof  to  the  Government  of  the  United  States. 

Ibid.,  1891,  Resolves,  chapter  14:  That  the  quartermaster-general  of  the  Com- 
monwealth be  authorized  to  transfer  to  the  trustees  of  the  Massachusetts  Agri- 
cultural College  the  following  military  property  now  in  their  possession,  and 
loaned  them  by  the  Common  wealth,  and  for  which  they  are  responsible  to  him  by 
law,  to  wit:  One  Springfield  rifle,  etc.,  being  the  balance  of  property  reported  on 
hand  by  said  college,  loaned  under  authority  of  chapter  8  of  the  Resolves  of  1868. 
The  quartermaster-general  is  hereby  authorized  to  drop  the  property  above  men- 
tioned from  his  property  accounts.  (Approved  March  6,  1891.) 

Ibid.,  1892,  Resolves,  chapter  19:  Appropriates  $10,000  annually  for  four  years — 
"  $5.000  for  the  establishment  of  a  labor  fund  to  assist  needy  students  of  said  col- 
lege, and  $5 ,000  to  provide  the  theoretical  and  practical  education  ' '  required  by  law. 

Ibid.,  1892,  Res  >lves,  chapter  100:  Appropriates  $8,000  for  new  buildings. 

Ibid.,  1893,  Resolves,  chapter  107:  Appropriates  $38,000  for  new  buildings  nnd 
other  improvements,  and  for  insurance. 

Ibid.,  1894,  chapter  101:  Fixes  the  date  of  making  a  report  to  the  legislature  on 
the  first  Wednesday  in  January. 

Ibid.,  1894,  chapter  143:  SECTION  1.  The  Massachusetts  Agricultural  Experiment 
Station,  located  at  the  Massachusetts  Agricultural  College  in  Amherst,  may  be 
transferred  to  and  consolidated  with  the  experiment  department  of  the  said  college 
now  known  as  the  Hatch  Experiment  Station,  in  the  manner  hereinafter  provided. 

SEC.  2.  The  board  of  control  of  the  said  Massachusetts  Agricultural  Experiment 
Station,  at  any  meeting  duly  called  for  such  purpose,  may,  by  a  vote  of  two- thirds 
of  the  members  present,  authorize  the  transfer  of  all  the  rights,  leases,  contracts, 
and  property,  of  every  kind  and  nature,  of  said  station  and  board,  to  the  trustees 
of -the  Massachusetts  Agricultural  College,  and  the  said  trustees  may,  at  any 
meeting  duly  called  for  such  purpose,  accept  the  same  for  said  college  in  behalf 
of  the  Commonwealth,  whereupon  such  transfer  shall  be  made  by  suitable  con- 
veyance; and  when  such  transfer  shall  be  made  the  said  board  of  control  shall 
cease  to  exist  and  the  said  Massachusetts  Agricultural  Experiment  Station  shall 
be  deemed  to  be  a  part  of,  and  to  belong  to,  the  experiment  department  of  said 
college;  under  such  name  as  Said  trustees  may  designate. 

SEO.  3.  The  trustees  of  said  college  shall  thereafter  continue  to  carry  on  the 
experimental  and  other  work  for  which  the  Massachusetts  station  was  established, 
and  to  administer  and  apply  all  the  property  and  funds  that  may  be  received  by 
them  hereunder,  and  by  virtue  hereof,  for  such  purposes.  They  shall  also  from 
time  to  time  print  and  publish  bulletins  containing  the  results  of  any  experimental 
work  and  investigations,  and  distribute  the  same  to  such  residents  and  newspapers 
of  the  Commonwealth  as  may  apply  therefor. 

SEC.  4.  Nothing  herein  cdntained  shall  operate  to  affect  or  discontinue  the 
annual  appropriations  and  payments  thereof  made,  and  to  be  made,  by  the  Com- 
monwealth for  the  proper  maintenance  of  experimental  work,  under  section  6  of 
chapter  212.  acts  of  1882,  and  section  1  of  chapter  327,  acts  of  1885;  and  the  pay- 
ment of  said  appropriations  shall  hereafter  be  made  to  the  treasurer  of  the  Massa- 
chusetts Agricultural  College.  The  trustees,  of  said  college  shall  make  or  cause 
to  be  made  annually  to  the  general  court  a  detailed  report  of  the  expenditure  of 
all  such  moneys,  and  such  further  report  of  the  annual  work  of  the  experiment 
department  of  the  college  station  as  the  trustees  of  the  college  shall  deem  advis- 
able. (Approved  March  22,  1894.) 

Ibid.,  chapter  144:  SECTION  1.  Section  1  of  chapter  20  of  the  public  statutes  is 
hereby  amended  to  read  asfollows:  "SECTION  1.  The  governor,  lieutenant-governor, 
and  secretary  of  the  Commonwealth,  the  president  of  the  agricultural  college, 
the  secretary  of  the  board  of  agriculture,  one  person  appointed  from  and  by  the 
Massachusetts  Society  for  Promoting  Agriculture,  one  person  appointed  from  and 
by  each  agricultural  society  which  receives  an  annual  bounty  from  the  Common- 
wealth, and  three  other  persons  appointed  by  the  governor,  with  the  advice  and 
consent  of  the  council ,  shall  constitute  the  State  board  of  agriculture. ' '  (Approved 
March  22,  1894.) 

Ibid.,  Resolves,  chapter  70:  Appropriates  $7,000  "  to  provide  the  necessary  elec- 
tric power  for  use  in  the  barn  and  dairy  school  of  said  college,  and  for  wiring  the 
buildings  of  the  college  and  providing  power  for  lighting  the  same  by  electricity.  V 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  63 

Ibid.,  Resolves,  chapter  103:  That  there  be  allowed  and  paid  out  of  the  treas- 
ury of  the  Commonwealth  a  sum  not  exceeding  $5.000,  to  be  expended  by  the 
trustees  of  the  Massachusetts  Agricultural  College  in  purchasing  cattle  to  stock 
the  farm  at  said  college,  provided,  however,  that  the  exp?nse  of  selecting  and 
testing  said  cattle  shall  be  paid  from  tb.3  sum  herein  authorized.  (Approved 
Ju?ie29,  1894.) 

Ibid.,  1895,  chapter  421:  SECTION  1.  The  director  of  the  Hatch  experiment  sta- 
tion of  the  Massachusetts  Agricultural  College  shall  hereafter  have  and  exercise 
the  powers  and  duties  granted  and  imposed  upon  the  director  of  the  Massachu- 
setts agricultural  experiment  station  by  chapter  296  of  the  acts  of  1888.  (Approved 
May  29,  1895.) 

Ibid.,  1895,  chapfct  r  57:  SECTION  1.  Section  2  of  chapter  143  of  the  acts  of  1894 
is  hereby  amended  so  as  to  read  as  fallows:  "  SEC.  2.  The  said  Massachusetts 
agricultural  experiment  station,  at  any  meeting  duly  called  for  such  purpose, 
may,  by  a  vote  of  two-thirds  of  the  members  present,  authorize  the  transfer  of 
all  the  rights,  leases,  contracts,  and  property  of  every  kind  and  nature  of  said 
station  to  the  Massachusetts  Agricultural  College;  and  the  trustees  of  said  college 
may,  at  any  meeting  duly  called  for  such  purpose,  accept  the  same  for  said  college  in 
behalf  of  the  Commonwealth,  whereupon  such  transfer  shall  bo  made  by  suitable 
conveyance,  and  when  such  transfer  shall  be  made  the  said  Massachusetts  agri- 
cultural experiment  station  shall  be  deemed  to  be  a  part  of,  and  to  belong  to,  the 
experiment  department  of  said  college,  under  such  name  as  said  trustees  may 
designate."  (Approved  February  15,  1895.) 

Ibid.,  1895,  Resolves,  chapter  43:  Appropriates  $5,500  for  entomological  and 
military  accommodations. 

Ibid.,  1896,  Resolves,  chapter  98:  Appropriates  $13,900  for  repairs  and  additions; 
also  "  from  and  after  the  1st  day  of  January,  1897.  there  shall  be  allowed  and  paid 
annually  from  the  treasury  of  the  Commonwealth,  in  accordance  with  chapter 
19  of  the  Resolves  of  1892,  for  the  term  of  four  years,  the  sum  of  $10,000  for  the 
following  purposes  to  wit,  $5,000  for  the  continuance  of  a  labor  fund  to  assist 
7ieedy  students  of  said  college,  and  $5,000  to  provide  the  theoretical  and  practical 
education  required  by  its  charter  and  the  law  of  the  United  States  relating  there- 
to." (Approved  May  15.  1896.) 

Ibid.,  1M97,  Resolves,  chapter  15:  Appropriates  $12,000  to  be  expended  for  water 
works  ai:d  repairs,  and  instruction  in  "botany. 

Ibid..  1898,  Resolves,  chapter  109:  Appropriates  $28,000  for  veterinary  labora- 
tory and  stable  hospital,  chemical  apparatus  and  experimental  dairy  department. 

Ibid.,  1899,  Resolves,  chapter  70:  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  Massachusetts  Agricultural  College  the  sum 
of  x  1 0,000,  to  provide  the  theoretical  and  practical  education  required  by  its  charter 
and  the  law  of  the  United  States  relating  thereto,  said  sum  to  be  paid  in  quarterly 
installments  commencing  with  the  1st  day  of  January,  1899.  (Approved  May  2, 
1899.) 

Ibid.,  1900.  Resolves,  chapter  50:  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  Massachusetts  Agricultural  College  for  the 
purpose  of  providing  the  instruction  called  for  by  its  charter  and  by  the  law  of 
the  United  States  relating  to  the  college,  the  sum  of  $8,000  annually  for  the  term 
of  four  years  beginning  with  the  1st  day  of  January,  1900,  the  same  to  be  paid 
in  equal  quarterly  installments;  and  further  that  there  be  allowed  and  paid  in  the 
s:ime  manner  to  the  said  college  an  additional  sum  of  $10,000  annually  for  the  term 
of  four  years  beginning  with  the  1st  day  of  January  in  the  year  1901;  of  which 
$5,000  a  year  shall  be  devoted  to  the  purpose  already  stated,  and  $5,000  a  year 
shall  be  used  as  a  labor  fund  for  the  assistance  of  needy  students  of  the  college. 
(Approved  April  1 1 , 1900. ) 

Ibid.,  1901, chapter  53:  The  sums  hereinafter  mentioned  are  appropriated,  to  be 
paid  out  of  the  treasury  of  the  Commonwealth  from  the  ordinary  revenue,  for 
the  purposes  specified,  for  the  year  ending  on  the  31st  of  December,  1901,  to  wit: 
For  the  Massachusetts  Agricultural  College,  for  the  purpose  of  providing  80  free 
scholarships,  the  sum  of  $10,000.  For  the  Massachusetts  Agricultural  College 
the  sum  of  $10.000,  to  be  expended  under  the  direction  of  the  trustees  for  the  fol- 
lowing purposes,  to  wit:  Five  thousand  dollars  for  the  establishment  of  a  labor 
fund  to  assist  needy  students  of  teaid  college,  and  $5.000  to  provide  the  theoretical 
and  practical  education  required  by  its  charter  and  by  the  laws  of  the  United 
States  relating  thereto.  For  the  Massachusetts  Agricultural  College,  for  the  pur- 
pose of  providing  the  instruction  called  for  by  its  charter  and  by  the  law  of  the 
United  States  relating  to  the  college,  the  sum  of  $8,000.  For  traveling  and  other 
necessary  expenses  of  the  trustees  of  the  Massachusetts  Agricultural  College,  a 
sum  not  exceeding  $500.  For  a  maintenance  fund  for  the  veterinary  laboratory 


64  EDUCATION   EEPOKT,  1903. 

at  the  Massachusetts  Agricultural  College  the  sum  of  $1 ,000.  (Approved  February 
14,  1901.) 

Ibid.,  1901,  Resolves,  chapter  14:  Appropriates  $8,500  for  painting  buildings, 
repairs,  and  equipment. 

Ibid.,  1901,  Resolves,  chapter  106:  Appropriates $400  for  purchasing  band  instru- 
ments. 

Ibid.,  1902,  chapter  46:  Appropriates  $10,000  for  maintenance  of  experiment 
station  and  $1 ,200  for  collecting  and  analyzing  samples  of  concentrated  commer- 
cial feed  stuffs. 

Ibid.,  1902,  chapter  66:  Appropriates  for  the  year  ending  December  31, 1902,  like 
amounts  for  like  purposes  as  appropriated  in  acts  1901,  chapter  53. 

Ibid. ,  1902,  Resolves,  chapter  69:  Appropriates  $35,000  for  a  central  heating  plant; 
$35,000  for  erecting,  equipping,  and  furnishing  a  dining  hall,  and  $1,000  for  the 
maintenance  of  the  dining  hall. 

Ibid.,  1902.  Resolves,  chapter  81:  Appropriates  $200 for  the  expenses  of  the  band 
and  for  the  purchase  of  a  flag  for  the  use  of  the  cadets. 

"  Revised  Laws"  of. Massachusetts,  1902,  chapter  89:  SECTION  1.  The  governor 
and  lieutenant-governor,  ex  officiis,  the  secretary  of  the  Commonwealth,  the  presi- 
dent of  the  agricultural  college,  the  secretary  of  the  State  board  of  agriculture, 
one  person  appointed  from  and  by  the  Massachusetts  Society  for  Promoting  Agri- 
culture, one  person  appointed  from  and  by  each  agricultural  society  which  receives 
an  annual  bounty  from  the  Commonwealth,  and  three  other  persons  appointed  by 
the  governor,  with  the  advice  and  consent  of  the  council,  shall  constitute  the  State 
board  of  agriculture. 

SEC.  10.  The  board  shall  be  a  board  of  overseers  of  the  Massachusetts  Agricul- 
tural College,  with  powers  and  duties  to  be  defined  by  the  governor  and  council, 
but  such  powers  and  duties  shall  not  control  the  action  of  the  trustees  of  said 
college  or  be  inconsistent  with  the  provisions  of  chapter  220  of  the  acts  of  1863. 

Acts  and  Resolves,  1861,  chapter  183:  SECTION  1.  William  B.  Rogers  and  (here 
follow  the  names  of  20  other  incorporators)  their  associates  and  successors  are 
hereby  made  a  body  corporate  by  the  name  of  the  Massachusetts  Institute  of 
Technology,  for  the  purpose  of  instituting  and  maintaining  a  society  of  arts,  a 
museum  of  arts,  and  a  school  of  industrial  science,  and  aiding  generally  by  suit- 
able means  the  advancement,  development,  and  practical  application  of  science  in 
connection  with  arts,  agriculture,  manufactures,  and  commerce:  with  all  the 
powers  and  privileges,  and  subject  to  all  the  duties,  restrictions,  and  liabilities  set 
forth  in  the  sixty-eighth  chapter  of  the  general  statutes. « 

SEC.  2.  Said  corporation  for  the  purposes  aforesaid  shall  have  authority  to  hold 
real  and  personal  estate  to  an  amount  not  exceeding  $200,000. 

SEC.  3.  One  certain  square  of  State  land  on  the  Back  Bay,  namely,  the  second 
square  westwardly  from  the  Public  Garden,  between  Newbury  and  Boylston 
streets,  according  to  the  plan  reported  by  the  commissioners  on  the  Back  Bay, 
February  21,  1857,  shall  be  reserved  from  sale  forever,  and  kept  as  an  open  space, 
or  for  the  use  of  such  educational  institutions  of  science  and  art  as  are  herein- 
after provided  for. 

SEC.  4.  If  at  any  time  within  one  year  after  the  passage  of  this  act  the  said 
institute  of  technology  shall  furnish  satisfactory  evidence  to  the  governor  and 
council  that  it  is  duly  organized  under  the  aforesaid  charter,  and  has  funds  sub- 
scribed or  otherwise  guaranteed  for  the  prosecution  of  its  objects  to  an  amount 
at  least  of  $100,000,  it  shall  be  entitled  to  a  perpetual  right  to  hold,  occupy,  and 
control,  for  the  purposes  hereinbefore  mentioned,  the  westerly  portion  of  said 
second  square  to  the  extent  of  two-thirds  part  thereof  free  of  rent  or  charge  by 
the  Commonwealth,  subject,  nevertheless,  to  the  following  stipulations,  namely: 
Persons  from  all  parts  of  the  Commonwealth  shall  be  alike  eligible  as  members  of 
said  institute  or  as  pupils  for  its  instruction,  and  its  museum  or  conservatory  of 
arts  at  all  reasonable  times  and  under  reasonable  regulations  shall  be  open  to  the 
public;  and  within  two  years  from  the  time  when  said  land  is  placed  at  its  dis- 
posal for  occupation,  filled  and  graded,  said  institute  shall  erect  and  complete  a 
building  suitable  to  its  said  purposes,  appropriately  inclose,  adorn,  and  culti- 
vate the  open  ground  around  said  building,  and  shall  thereafter  keep  said  grounds 
and  building  in  a  sightly  condition. 

SEC.  8.  [This  and  the  following  section  were  repealed,  chapter  226,  1863.]  The 
commissioners  on  the  Back  Bay  are  hereby  instructed  to  reserve  from  sale  the 
lots  fronting  on  said  square  on  Boylston,  Clarendon,  and  Newbury  streets  until 
said  societies  [Massachusetts  Institute  of  Technology  and  Boston  Society  of 

a  Chapter  68  of  the  Powers,  duties,  and  liabilities  of  corporations. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  65 

Natural  History]  shall  by  inclosnre  and  improvements  put  said  square  in  a  sightly 
and  attractive  condition. 

SEC.  9.  Upon  the  passage  of  this  act  the  governor,  with  the  advice  and  consent 
of  the  council,  shall  appoint  three  disinterested  persons  who  shall  appraise  the 
value  of  all  the  lands  specified  in  the  third  and  eighth  sections  of  this  act  and 
make  a  return  of  said  appraisal  to  the  governor  and  council;  and  if,  when  the 
lands  mentioned  in  section  8  shall  have  been  sold,  the  proceeds  of  such  sales  shall 
not  be  equal  to  the  whole  amount  of  the  appraisal  above  mentioned,  then  the 
societies  named  in  this  act  shall  pay  the  amount  of  such  deficit  into  the  treasury 
of  the  Commonwealth  for  the  school  fund  in  proportion  to  the  area  granted  to 
them,  respectively. 

SEC.  10.  This  act  shall  be  null  and  void  unless  its  provisions  shall  be  accepted 
within  one  year  by  the  Massachusetts  Institute  of  Technology  and  the  Boston 
Society  of  Natural  History,  as  far  as  they  apply  to  those  societies,  respectively. 
(Approved  April  10,  1861.) 

Ibid.,  1863,  chapter  186:  SECTION  1.  When  the  Massachusetts  Institute  of  Tech- 
nology shall  have  been  duly  organized,  located,  and  established  in  conformity  with 
the  provisions  of  chapter  183  of  1861,  and  the  extension  of  time  granted  in  1862  and 
as  is  hereinafter  provided,  there  shall  be  appropriated  and  paid  to  its  treasurer  each 
year,  on  the  warrant  of  the  governor,  for  its  endowment,  support,  and  mainte- 
nance one-third  part  of  the  annual  interest  or  income  which  may  be  received  from 
the  fund  created  under  and  by  virtue  of  the  act  of  Congress  approved  July  2,  1862, 
and  the  laws  of  this  Commonwealth  accepting  the  provisions  thereof  and  relating 
to  the  same. 

SKC.  2.  Said  institute  of  technology,  in  addition  to  the  objects  set  forth  in  its 
act  of  incorporation — to  wit,  instituting  and  maintaining  a  society  of  arts  and  a 
school  of  industrial  science,  and  aiding  the  advancement,  development,  and  prac- 
tical application  of  science  in  connection  with  arts,  agriculture,  manufactures, 
and  commerce — shall  provide  for  instruction  in  military  tactics:  and  in  considera- 
tion of  this  grant  the  governor,  the  chief  justice  of  the  supreme  judicial  court, 
and  the  secretary  of  the  board  of  education,  shall  be  each  a  member  ex  officio  of 
the  government  of  the  institute. 

SEC.  3.  Should  the  said  corporation,  at  any  time,  cease  or  fail  to  maintain  an 
institute,  as  and  for  the  purposes  provided  in  its  act  of  incorporation,  and  in  the 
foregoing  section,  the  aid  granted  to  it  by  the  first  section  of  this  act  shall  be 
withheld  and  not  paid  to  it.  The  institute  shall  furnish  to  the  governor  and  coun- 
cil a  copy  of  the  annual  reports  of  its  operations. 

SEC.  4.  This  act  shall  bo  void  unless  the  said  institute  of  technology  shall  accept 
the  same,  and  give  due  notice  thereof  to  the  secretary  of  the  Commonwealth  on  or 
before  July  1  next.  (Approved  April  27,  1863.) 

Ibid.,  1805.  chapter  220:  SECTION  1.  The  Massachusetts  Institute  of  Technology 
is  hereby  authorized  to  hold  real  and  personal  estate  to  an  amount  of  which  the 
clear  annual  income  shall  be  $130,000,  to  be  devoted  exclusively  to  the  purposes  and 
objects  set  forth  in  its  acts  of  incorporation  and  all  acts  in  addition  thereto. 
(Approved  May  10,  1865. ) 

Ibid.,  1873,  chapter  174:  SECTION  1.  Perpetual  right  is  granted  to  the  Massachu- 
setts Institute  of  Technology  to  hold,  occupy,  and  control,  free  of  rent  or  charge  by 
the  Commonwealth ,  for  the  uses  and  purposes  of  said  institute,  a  parcel  of  land  situ- 
ated in  that  part  of  Boston  called  the  Back  Bay,  and  described  as  follows:  A  lot  in 
the  form  of  a  trapezoid.  lying  at  the  intersection  of  Boylston  street  and  Huntington 
avenue,  bounded  by  said  street  and  avenue,  and  on  the  west  by  abutting  land,  as 
laid  down  on  the  selling  plan  of  the  commissioners  on  public  lands,  and  containing 
1:5. 1  «.)4  square  feet;  said  lot  to  be  subject  to  the  limitations  and  stipulations  relative 
to  lands  of  the  Commonwealth  -on  the  south  side  of  Boylston  street,  and  to  be 
reserved  from  sale  forever. 

SEC.  2.  The  right  hereby  granted  to  said  institute  shall  be  held  subject  to  the 
same  stipulations  in  relation  to  membership,  the  reception  of  pupils,  the  erection 
of  a  building,  and  the  care  of  the  lot,  as  are  created  and  established  by  the  several 
acts  relating  to  said  institute. 

SEC.  3.  In  case  said  institute  appropriates  said  lot  of  land  to  any  purpose  or  use 
foreign  to  its  legitimate  objects,  then  the  Commonwealth,  after  clue  notice  given, 
may  enter  upon  said  lot  and  take  possession  thereof,  and  the  right  of  the  said  insti- 
tute to  the  use,  occupation,  and  control  of  said  lot  shall  thereupon  cease.  (Approved 
April8,  1873.) 

Ibid. ,  1875,  chapter  195:  SECTION  1.  The  governor  and  council  are  hereby  author- 
ized to  grant  to  the  Massachusetts  Institute  of  Technology  the  right  to  hold, 

ED  1003 5 


66  EDUCATION    EEPOET,   1903. 

occupy,  and  control  such  a  parcel  of  land  out  of  the  lands  of  the  Commonwealth, 
situated  in  that  part  of  Boston  called  the  Back  Bay,  as  they  shall  deem  a  fail- 
equivalent  for  the  similar  right  with  regard  to  the  parcel  of  land  granted  to  said 
institute  by  chapter  174,  acts  of  1873. 

Ibid.,  1880,  Resolves,  chapter  21:  That  the  governor  be,  and  hereby  is,  author- 
ized to  issue  to  the  president  of  the  Massachusetts  Institute  of  Technology  such 
arms  and  equipments  for  the  use  of  the  students  of  said  institute  as  in  his  judg- 
ment may  be  so  distributed  without  detriment  to  the  militia  service:  Provided, 
The  president  and  treasurer  of  said  Massachusetts  Institute  of  Technology  shall 
give  bond  with  sufficient  sureties  for  the  safe-keeping  and  return  of  said  arms  and 
equipments  in  good  order  and  condition,  reasonable  use  excepted,  whenever  the 
governor  shall  so  direct.  (Approved  March  11,  1880.) 

Ibid.,  1887,  Resolves,  chapter  103:  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  the  sum  of  $100,000  to  the  corporation  of  the 
Massachusetts  Institute  of  Technology  in  the  manner  following:  An  installment 
of  $50,000  on  the  1st  day  of  December  in  the  present  year  and  a  final  installment 
of  $50,000  on  the  1st  day  of  December  in  the  year  1888,  said  sums  to  be  applied  to 
the  purposes  of  the  institute;  and  in  consideration  of  this  grant  said  institute  shall 
establish  and  maintain  20  free  scholarships,  and  each  senatorial  district  in  this 
Commonwealth  shall,  once  in  eight  years,  in  such  alternate  order  as  the  board  of 
education  shall  at  the  time  of  the  first  appointment  of  said  scholarships  determine 
by  lot  be  entitled  to  one  scholarship  for  a  period  of  four  years,  to  be  awarded  to 
such  candidates  as  shall  be  found  upon  examination  to  possess  the  qualifications 
fixed  for  the  admission  of  students  to  said  institute,  and  who  shall  be  selected 
by  the  board  of  education,  preference  in  the  award  being  given  to  qualified  can- 
didates otherwise  unable  to  bear  the  expense  of  tuition.  In  case  no  candidate 
appears  from  a  senatorial  district,  then  a  candidate  may  be  selected  from  the  State 
at  large  to  fill  such  vacancy,  who  may  continue  to  hold  the  scholarship  annually 
until  a  candidate  is  presented  from  the  senatorial  district  unrepresented,  who 
shall  then  be  awarded  the  scholarship  for  the  balance  of  the  time  for  which  said 
district  would  originally  have  been  entitled  to  its  benefit.  In  case  a  vacancy 
occurs  in  any  senatorial  district  after  an  appointment  has  been  made,  then  a  can- 
didate from  the  same  district  shall  be  selected  for  the  balance  of  the  time  for 
which  said  district  is  entitled  to  its  benefit,  or  in  the  event  of  no  such  candidate 
appearing,  from  the  State  at  large,  upon  the  conditions  previously  set  forth:  Pro- 
vided, That  said  corporation  shall  secure,  prior  to  the  first  payment  above  author- 
ized, a  further  sum  of  $100,000,  in  addition  to  the  funds  now  held  by  it,  and  to  be 
applied  to  the  purposes  of  the  said  institute,  and  shall  present  satisfactory  evidence 
thereof  to  the  auditor  of  the  Commonwealth.  (Approved  June  16,  1887.) 

Ibid. ,  1888,  Resolves,  chapter  83:  That  there  be  allowed  and  paid  out  of  the  treas- 
ury of  the  Commonwealth  the  sum  of  $100,000  to  the  corporation  of  the  Massa- 
chusetts Institute  of  Technology,  in  addition  to  the  sum  authorized  to  be  paid  by 
chapter  103  of  the  resolves  cf  1887,  to  be  applied  to  the  purposes  of  said  institute, 
provided,  however,  that  this  grant  is  made  subject  to  and  conditional  upon  the 
establishment  and  maintenance  of  the  scholarships  provided  for  by  chapter  103  of 
the  resolves  of  1887,  and  provided  further,  that  $50,000  of  the  aforesaid  sum  shall 
be  paid  during  the  year  1889  and  $50,000  during  the  year  1890.  (Approved  May 
23,  1888.) 

Ibid.,  1895,  Resolves,  chapter  70:  That  there  shall  be  paid  annually,  for  the  term 
of  six  years,  from  the  treasury  of  the  Commonwealth  to  the  treasurer  of  the 
Massachusetts  Institute  of  Technology,  the  sum  of  $25,000,  to  be  so  paid  and 
allowed  from  the  1st  day  of  January  in  1896,  to  be  expended  under  the  direction 
of  said  corporation  for  the  general  purposes  of  said  institute.  That  in  addition  to 
the  amount  provided  for  above  there  shall  be  paid  annually,  for  the  term  of  six 
years,  from  the  treasury  of  the  Commonwealth  to  the  treasurer  of  the  Massachu- 
setts Institute  of  Technology,  the  sum  of  $2.000,  to  be  so  paid  and  allowed  from 
the  1st  day  of  January,  1896,  to  be  expended  for  10  free  scholarships,  under  the 
direction  of  the  State  board  of  education,  said  scholarships  to  be  awarded  only  to 
graduates  of  the  Massachusetts  public  schools.  (Approved  April  17,  1895.) 

Ibid.,  1896,  chapter  310:  SECTION  1.  There  shall  be  paid  annually  from  the  treas- 
ury of  the  Commonwealth  to  the  treasurer  of  the  Massachusetts  Institute  of  Tech- 
nology; from  and  after  the  1st  day  of  September,  1896,  the  sum  of  $4,000. 

SEC.  2.  In  consideration  of  such  payment  and  of  the  grant  made  by  chapter  103 
of  the  resolves  of  1887.  the  Massachusetts  Institute  of  Technology  shall  maintain 
40  free  scholarships,  of  which  each  senatorial  district  in  the  Commonwealth  shall 
be  entitled  to  one,  if  a  candidate  is  presented  who  is  otherwise  unable  to  bear  the 
expense  of  tuition.  In  case  no  such  candidate  appears  from  a  senatorial  district, 
then  a  candidate  may  be  selected  from  the  State  at  large  to  fill  such  vacancy,  who 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  67 

may  continue  to  hold  the  scholarship  annually  until  a  candidate  is  presented  from 
the  senatorial  district  unrepresented. 

SEC.  3.  The  scholarships  shall  be  awarded  to  such  pupils  of  the  public  schools 
of  Massachusetts  as  shall  be  found  upon  examination  to  possess  the  qualifications 
fixed  for  the  admission  of  students  to  said  institute,  and  who  shall  be  selected  by 
the  board  of  education,  preference  in  the  award  being  given  only  to  qualified  can- 
didates otherwise  unable  to  bear  the  expense  of  tuition. 

SEC.  4.  So  much  of  chapter  103  of  the  resolve's  of  1887  as  relates  to  State  scholar- 
ships, and  so  much  of  chapter  70  of  the  resolves  of  1895  as  provides  an  annual 
appropriation  of  $2,000  for  the  maintenance  of  10  free  scholarships,  are  hereby 
repealed.  (Approved  April  27,  1896.) 

Ibid.,  1897,  chapter  31:  SECTION  1.  The  sum  of  $29,000  is  hereby  appropriated  to 
be  paid  out  of  the  treasury  of  the  Commonwealth  from  the  ordinary  revenue  to 
the  Massachusetts  Institute  cf  Technology.  (Approved  February  2, 1897.)  Same 
for  1898,  1899,  1900,  1901,  1902. 

Ibid.,  1898,  Resolves,  chapter  493:  SECTION  1.  The  State  board  of  education  may 
in  its  discretion  award  that  any  free  scholarship  which  either  the  Massachusetts 
Institute  of  Technology  or  the  Worcester  Polytechnic  Institute  is  required  to 
maintain  under  the  provisions,  respectively,  of  chapters  310  and  407  of  1896,  shall 
be  divided  between  two  pupils.  The  scholarships  so  divided  shall  be  called  half 
scholarships,  and  neither  of  said  institutions  shall  require  from  any  pupil  to  whom 
a  half  scholarship  has  been  awarded  payment  of  more  than  one-half  of  the  regular 
charge  or  fee  for  tuition  paid  by  pupils  not  holding  scholarships.  (Approved 
June  2,  1898.) 

Ibid. ,  1901 ,  Resolves,  chapter  51 :  That  there  be  paid  annually  for  the  term  of  ten 
years,  from  the  treasury  of  the  Commonwealth  to  the  treas-urer  of  the  Massachu- 
setts Institute  of  Technology,  the  sum  of  $25,000,  to  be  so  paid  and  allowed  from  the 
1st  day  of  January,  1902,  and  to  be  expended  under  the  direction  of  the  institute 
for  the  general  purposes  thereof.  (Approved  April  4,  1901.) 


MICHIGAN. 

Constitution  (1850),  Article  IV:  SEC.  40.  No  money  shall  be  appropriated  or 
drawn  from  the  treasury  for  the  benefit  of  any  religious  sect  or  society,  theolog- 
ical or  religious  seminary,  nor  shall  property  belonging  to  the  State  be  appropri- 
ated for  any  such  purposes. 

Article  XIII:  SEC.  2.  The  proceeds  from  the  sales  of  all  lands  that  have  been  or 
hereafter  may  be  granted  by  the  United  States  to  the  State  for  educational  pur- 
poses, and  the  proceeds  of  all  lands  or  other  property  given  by  individuals  or 
appropriated  by  the  State  for  like  purposes  shall  be  and  remain  a  perpetual  fund, 
the  interest  and  income  of  which,  together  with  the  rents  of  all  such  lands  as  may 
remain  unsold,  shall  be  inviolably  appropriated  and  annually  applied  to  the  spe- 
cific objects  of  the  original  gift,  grant,  or  appropriation. 

SEC.  11.  The  legislature  shall  encourage  the  promotion  of  intellectual,  scien- 
tific, and  agricultural  improvement;  and  shall,  as  soon  as  practicable,  provide 
for  the  establishment  of  an  agricultural  school.  The  legislature  may  appro- 
priate the  twenty-two  sections  of  salt  spring  lands  now  unappropriated,  or  the 
money  arising  from  the  sale  of  the  same,  where  such  lands  have  been  already  sold, 
and  any  land  which  may  hereafter  be  granted  or  appropriated  for  such  purpose, 
for  the  support  and  maintenance  of  such  school,  and  may  make  the  same  a  branch 
of  the  university  for  instruction  in  agriculture  and  the  natural  sciences  connected 
therewith,  and'  place  the  same  under  the  supervision  of  the  regents  of  the 
university. 

[The  following  matter  is  taken  from  "The  Compiled  Laws  of  the  State  of  Michigan,  1897,  by 
Lewis  M.  Miller,"  3  vols.  and  index,  Lansing,  1899.  ] 

SEC.  1834.  A  board  is  hereby  constituted  and  established  which  shall  be  known 
under  the  name  and  style  of  the  ** State  board  of  agriculture."  It  shall 
consist  of  six  members  besides  the  governor  of  the  State  and  the  president  of  the 
State  Agricultural  College,  who  shall  be  ex-officio  members  of  the  board.  The 
governor,  by  and  with  the  consent  of  the  senate,  on  or  before  the  third  Wednesday 
of  January  of  each  biennial  session,  shall  appoint  two  suitable  persons  to  fill  the 
vacancies  that  shall  next  occur,  which  vacancies  shall  be  so  filled  that  at  least  one- 
half  the  members  shall  be  practical  agriculturists. 

SEC.  1835.  The  State  board  of  agriculture  shall  be  a  body  corporate,  capable  in 
law  of  suing  and  being  sued,  of  taking,  holding,  and  selling  personal  and  real 


68  EDUCATION   KEPOET,  1903. 

estate,  of  contracting  and  being  contracted  with,  of  having  and  using  a  corporate 
seal,  and  of  causing  to  be  done  all  things  necessary  to  carry  out  the  provisions  of 
this  act. 

SEC.  1836.  Any  vacancy  in  the  said  board  caused  by  death,  resignation,  or 
removal  from  the  State  may  be  filled  by  a  majority  of  the  members.  A  majority 
shall  be  a  quorum  for  the  transaction  of  business.  The  members  of  the  board 
shall  receive  no  per  diem  compensation  for  their  services,  but  shall  be  paid  their 
traveling  and  other  expenses  while  employed  on  the  business  of  the  board. 

SEC.  1837.  They  shall  meet  quarterly  at  stated  times  at  the  State  Agricultural 
College,  and  may  meet  at  such  other  times  and  places  as  they  may  determine. 

SEC.  1838.  At  their  first  meeting  the  members  shall  choose  one  of  their  number 
as  president  of  their  own  board. 

SEC.  1839.  At  their  first  meeting,  or  as  soon  after  as  a  competent  and  suitable 
person  can  be  obtained,  they  shall  choose  a  secretary  of  the  board.  If  chosen  from 
their  own  number,  a  vacancy  shall  be  thus  created  in  the  board.  A  treasurer 
shall  also  be  chosen,  at  their  first  meeting,  who  mayor  may  not  be  from  the  mem- 
bers of  their  board,  as  they  shall  determine.  They  shall  take  such  bonds  from 
the  secretary  and  treasurer  as  shall  be  deemed  adequate  to  secure  the  faithful  per- 
formance of  their  duties  by  those  respective  officers.  The  secretary  and  treasurer 
shall  be  chosen  biennially  and  shall  hold  their  offices  for  two  years  from  the  last 
Wednesday  of  February,  or  till  their  successors  are  chosen. 

SEC.  1840.  The  board  shall  direct  the  disposition  of  any  moneys  appropriated  to 
the  State  Agricultural  College. 

SEC.  1841.  The  secretary  of  the  board  shall  reside  at  or  near  the  agricultural 
college,  and  keep  his  office  at  the  city  of  Lansing  in  the  State  buildings,  or  at  the 
institution,  as  the  board  shall  direct.  It  shall  be  his  duty  to  keep  a  record  of  the 
transactions  of  the  State  board  of  agriculture  and  of  the  State  Agricultural  College 
and  farms,  which  shall  be  open  at  all  times  to  the  inspection  of  any  citizens  of  this 
State.  He  shall  also  have  the  custody  of  all  books,  papers,  documents,  and  other 
property  which  may  be  deposited  in  his  office.  [Here  follows  a  long  enumeration 
of  duties  not  strictly  appertaining  to  the  agricultural  college  but  rather  to  the 
agricultural  and  horticultural  interests  of  the  State.] 

SEC.  1843.  The  secretary  shall  receive  as  a  compensation  for  his  services  a  salary 
of  $1,000  per  annum,  to  be  paid  quarterly  from  the  State  treasury,  in  the  same 
manner  as  is  provided  by  law  for  the  payment  of  the  salaries  of  State  officers. 

SEC.  1844.  The  State  agricultural  school,  established  by  an  act,  No.  130,1855,  in 
obedience  to  section  11,  article  13,  of  the  constitution,  shall  be  known  by  the  name 
and  style  of  "  The  State  Agricultural  College."  The  design  of  the  institution,  in 
fulfillment  of  the  injunction  of  the  constitution,  is  to  afford  thorough  instruction  in 
agriculture  and  the  natural  sciences  connected  therewith.  To  effect  that  object 
most  completely  the  institution  shall  combine  physical  with  intellectual  education 
and  shall  be  a  high  seminary  of  learning  in  which  the  graduate  of  the  common 
school  can  commence,  pursue,  and  finish  a  course  of  study  terminating  in  thorough 
theoretic  and  practical  instruction  in  those  sciences  and  arts  which  bear  directly 
upon  agriculture  and  kindred  industrial  pursuits. 

SEC.  1845.  [Amended  by  act  No.  202,  1901,  q.  v.]  No  student  shall  be  admitted 
to  the  institution  who  is  not  fifteen  years  of  age  and  who  does  not  pass  a  satisfac- 
tory examination  in  arithmetic,  geography,  grammar,  reading,  spelling,  and  pen- 
manship. 

SEC.  1846.  The  course  of  instruction  shall  embrace  the  English  language  and  lit- 
erature, mathematics,  civil  engineering,  agricultural  chemistry,  animal  and  vege- 
table anatomy  and  physiology,  the  veterinary  art,  entomology,  geology,  and  such 
other  natural  sciences  as  may  be  prescribed,  technology,  political,  rural,  and  house- 
hold economy,  horticulture,  moral  philosophy,  history,  bookkeeping,  and  especially 
the  application  of  science  and  the  mechanic  arts  to  practical  agriculture  in  the 
field. 

SEC.  1847.  A  full  course  of  study  in  the  institution  shall  embrace  not  less  than 
four  years.  The  State  board  of  agriculture  may  institute  winter  courses  of  lec- 
tures for  others  than  students  of  the  institution  under  necessary  rules  and  regu- 
lations. 

SEC.  1848.  The  academical  year  shall  consist  of  not  less  than  nine  calendar 
months.  This  academical  year  may  be  divided  into  such  terms  by  the  State  board 
of  agriculture  as,  in  their  judgment,  will  best  secure  the  objects  for  which  the 
college  was  founded.  The  board  may  at  any  time  temporarily  suspend  the  college 
in  case  of  fire,  the  prevalence  of  fatal  diseases,  or  of  other  unforeseen  calamity. 

SEC.  1849.  Three  hours  of  each  day  shall  be  devoted  by  every  student  of  the  col- 
lege to  labor  upon  the  farm,  and  no  person  shall  be  exempt  except  for  physical 
disability.  By  a  vote  of  the  board  of  agriculture,  at  such  seasons  and  in  such  exi- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  69 

gencies  as  demand  it,  the  hours  of  labor  may  be  increased  to  four  hours  or  dimin- 
ished to  two  and  one-half  hours. 

SEC.  1850.  The  State  board  of  agriculture  shall  be  vested  with  discretion  to 
charge  tuition  or  not,  as  they  may  deem  most  conducive  to  the  interests  of  the 
institution,  unless  acts  of  the  legislature  making  appropriations  shall  otherwise 
direct.  The  board  may  make  discriminations  in  regard  to  tuition  between  students 
from  this  State  and  from  other  States.  One-third  of  the  tuition  charged  for  the 
academic  term  shall  be  paid  in  advance  and  shall  be  forfeited  in  case  the  student 
abandons  the  institution. 

SEC.  1851.  The  State  board  of  agriculture  shall  have  the  general  control  and 
supervision  of  the  State  Agricultural  College,  the  farm  pertaining  thereto,  and 
the  lands  which  may  be  vested  in  the  college  by  State  legislation;  of  all  appropri- 
ations made  by  the  State  for  the  support  of  the  same,  and  also  the  management 
of  any  lands  that  may  hereafter  be  donated  by  the  General  Government  to  this 
State  in  trust  for  the  promotion  of  agriculture  and  industrial  pursuits.  The  board 
shall  have  plenary  power  to  adopt  all  such  ordinances,  by-laws,  and  regulations 
not  in  conflict  with  this  act,  as  they  may  deem  necessary  to  secure  the  successful 
operation  of  the  college  and  promote  its  designed  objects. 

SEC.  1832.  It  shall  be  the  duty  of  the  State  board  of  agriculture  to  choose  a  presi- 
dent of  the  State  Agricultural  College  before  the  commencement  of  the  next  term 
of  the  institution;  they  shall  then  proceed  to  choose  such  professors,  tutors,  and 
employees  as  the  necessities  of  the  institution  demand.  In  case  of  vacancy  in  the 
office  of  president,  or  in  case  a  suitable  man  can  not  be  selected,  the  president  of 
the  State  board  of  agriculture  or  such  member  of  the  board  as  shall  be  designated 
by  them  shall  be  president  pro  tern,  of  the  college,  who  shall  receive  such  com- 
pensation for  his  services  as  the  board  shall  determine. 

SEC.  1853.  The  board  shall  fix  the  salaries  of  the  president,  professors,  and 
other  employees,  and  prescribe  their  respective  duties.  The  board  may  remove 
the  president  or  subordinate  officers  and  supply  all  vacancies. 

Sir.  1854.  The  board  shall  have  power  to  regulate  the  course  of  instruction  and 
prescribe,  with  the  advice  of  the  faculty,  the  books  to  l>e  used  in  the  institution, 
and  also  to  confer  for  similar  or  equal  attainments  similar  degrees  or  testimonials 
to  those  conferred  by  the  University  of  Michigan. 

SEC.  1855  [as  amended  by  laws,  1901,  No.  2021.  The  president,  professors,  farm 
manager,  and  tutors  shall  constitute  the  faculty  of  the  State  Agricultural  Col- 
lege. The  president  of  the  college  shall  be  the  president  of  the  faculty,  and  the 
faculty  shall  select  one  of  their  own  number  to  act  as  secretary  of  the  faculty. 

SEC.  1856.  The  faculty  shall  pass  all  needful  rules  and  regulations  necessary  to 
the  government  and  discipline  of  the  college,  regulating  the  routine  of  labor,  study, 
meals,  and  the  duties  and  exercises,  and  all  such  rules  and  regulations  as  are  nec- 
essary to  the  preservation  of  morals,  decorum,  and  health. 

SEC.  1857.  The  faculty  shall  have  charge  of  the  laboratories,  library,  and  muse- 
ums of  the  institution. 

SEC.  1858.  The  faculty  shall  make  an  annual  report  by  the  first  Wednesday  of 
December  of  each  year  to  the  State  board  of  agriculture,  signed  by  the  president 
and  secretary,  containing  such  information  and  recommendations  as  the  welfare 
of  the  institution  in  their  opinion  demands.  Any  members  of  the  faculty  may 
make  a  minority  report  if  they  disagree  with  the  conclusions  of  the  majority, 
which  the  faculty  shall  communicate  to  the  board.  No  communication  at  any 
other  time,  from  members  of  the  faculty,  shall  be  entertained  by  the  board,  unless 
they  have  been  submitted  to  a  meeting  of  the  faculty  and  sanctioned  by  a  majority. 

SEC.  1859.  The  president  shall  be  the  chief  executive  officer  of  the  State  Agricul- 
tural College,  and  it  shall  be  his  duty  to  see  that  the  rules  and  regulations  of  the 
State  board  of  agriculture  and  the  rules  and  regulations  of  the  faculty  be  observed 
and  executed. 

SEC.  1860.  The  subordinate  officers  and  employees  not  members  of  the  faculty 
shall  be  under  the  direction  of  the  president,  and,  in  the  recess  of  the  board, 
removable  at  his  discretion,  and  he  may  supply  vacancies  that  may  be  thus  or 
otherwise  created;  his  action  in  these  respects  shall  be  submitted  to  the  approval 
of  the  State  board  of  agriculture  at  their  next  meeting. 

SEC.  1861.  The  president  may  or  may  not  perform  the  duties  of  a  professor,  as 
the  State  board  of  agriculture  shall  determine.  If  he  performs  the  duties  of  a 
professor,  or  in  case  the  duties  of  president  are  exercised  by  a  president  pro  tern., 
a  superintendent  of  the  farm  may  be  appointed,  who  shall  have  the  general  super- 
intendence of  the  business  pertaining  to  the  farm,  the  land,  and  other  property 
of  the  institution  and  who  shall  be  a  member  of  the  faculty. 

SEC.  1862.  The  president  and  secretary,  together  with  the  superintendent  of  the 
farm,  if  there  be  one,  and  in  case  there  is  not  one,  then  one  of  the  professors,  to 


70  EDUCATION    BEPOKT,   1903. 

be  elected  by  the  faculty,  shall  constitute  a  committee  to  fix  the  rate  of  wages 
allowed  to  students  and  rate  of  board.  In  assessing  the  board,  it  shall  be  so 
estimated  that  no  profit  shall  be  saved  to  the  institution  and  as  near  as  possible 
at  the  actual  cost.  The  rate  of  wages  allowed  and  the  rate  of  charge  for  board 
shall,  if  practicable,  be  submitted  to  the  State  board  of  agriculture  before  they 
take  effect. 

SEC.  1863.  For  current  expenditures  at  the  State  Agricultural  College  specific 
sums  shall  be  set  aside,  in  the  hands  of  their  treasurer,  by  the  State  board  of 
agriculture,  which  shall  be  subject  to  the  warrants  of  the  president  of  the  college, 
countersigned  by  the  secretary  of  the  board.  All  moneys  due  to  the  institution 
or  received  in  its  behalf  shall  be  collected  and  received  by  the  secretary  and 
deposited  by  him  with  the  treasurer  of  the  State  board  of  agriculture.  The 
secretary  shall,  with  his  annual  report,  render  a  full  and  complete  account  of  all 
moneys  received  and  all  warrants  drawn  on  the  treasurer,  as  secretary  of  the 
college,  and  shall  file  and  preserve  all  vouchers,  receipts,  correspondence,  or  other 
papers  relating  thereto. 

SEC.  1884.  The  superintendents  of  the  farm,  horticultural,  and  other  depart- 
ments, the  curators  of  the  museums,  and  each  of  the  professors,  shall  iiake  a 
written  and  detailed  report  of  the  workings  of  their  several  departments  annually 
to  the  president  of  the  college,  which  said  reports  shall  be  kept  on  file  in  the  office 
of  the  secretary  of  the  State  board  of  agriculture.  Agricultural  operations  on  the 
farm  shall  be  carried  on  experimentally.  Careful  experiments  shall  be  made 
annually  in  field  crops,  in  keeping,  feeding,  and  fattening  stock,  and  the  prepara- 
tion and  application  of  barnyard  and  commercial  manures,  and  a  detailed  account 
of  them  shall  be  published  in  the  annual  reports  of  the  board.  The  college  shall 
serve  also  as  an  experimental  station,  making  trial  from  time  to  time  of  new  varie- 
ties of  fruits,  grains,  and  vegetables.  The  reports  shall  contain  an  account  of  the 
management  of  all  the  several  fields,  pastures,  orchards,  and  gardens. of  the  col- 
lege, as  designated  by  permanent  names  or  numbers,  and  shall  give  an  account  of 
the  preparation  and  enriching  of  the  land,  the  planting,  cultivation,  harvesting, 
and  yield  of  the  crops  and  disposition  of  the  same;  the  management  of  the  stock, 
with  a  careful  comparison  of  the  cost  of  keeping,  growth,  and  profit  of  the  several 
breeds  kept  on  the  farm;  also  an  account  of  the  students'  labor,  specifying  the 
amount  used  in  each  of  the  several  departments  of  the  college,  with  other  details, 
in  such  a  way  that  the  reports  as  issued  from  year  to  year  shall  contain  a  con- 
tinuous history  of  the  college,  farm,  and  garden:  Provided,  That  the  State  board 
of  agriculture  shall  deem  the  same  practicable  or  advisable. 

SEC.  1865.  All  the  swamp  lands  granted  to  the  State  of  Michigan  by  act  of  Con- 
gress approved  September  28,  1850,  situate  in  the  townships  of  Lansing  and  Me- 
ridian, in  the  county  of  Ingham,  and  Dewitt  and  Bath,  in  the  county  of  Clinton,  of 
which  no  sale  has  been  made,  or  for  which  no  certificates  of  sale  have  been  issued 
by  the  commissioner  of  the  land  office,  are  hereby  granted  and  vested  in  the  State 
board  of  agriculture  and  placed  in  the  possession  of  the  State  Agricultural  College 
for  the  exclusive  use  and  benefit  of  the  institution,  subject  only  to  the  provisions 
relating  to  drainage  and  reclamation  of  the  act  of  Congress  donating  the  same  to 
the  State. 

SEC.  1866.  The  State  board  of  agriculture  shall  have  authority  to  sell  and  dispose 
of  any  portions  of  the  swamp  lands  mentioned  in  the  preceding  section  of  this  act 
and  use  the  same,  or  the  proceeds  thereof,  for  the  purpose  of  draining,  fencing, 
or  in  any  manner  improving  such  other  portions  of  said  lands  as  it  may  be  deemed 
advisable  to  bring  under  a  high  state  of  cultivation  for  the  promotion  of  the  objects 
of  the  State  Agricultural  College.  The  terms  and  the  conditions  of  the  sale  of  the 
portions  of  the  above-described  lands  thus  disposed  of  shall  be  prescribed  by  the 
State  board  of  agriculture,  and  deeds  of  the  same,  executed  and  acknowledged  in 
their  official  capacity  by  the  president  and  secretary  of  the  State  board  of  agricul- 
ture, shall  be  good  and  valid  in  law. 

SEC.  1867.  David  Carpenter  [and  5  other  persons]  are  hereby  constituted  and 
appointed  the  first  State  board  of  agriculture.  At  their  first  meeting,  which  the 
governor  of  the  State  is  hereby  authorized  and  directed  to  call  at  as  early  a  day  as 
practicable,  they  shall  determine  by  lot  their  several  periods  of  service,  2  of  whom 
shall  serve  for  two  years,  2  of  whom  shall  serve  for  four  years,  and  2  of  whom 
shall  serve  for  six  years,  respectively,  from  the  third  Wednesday  of  January  last 
past,  when  they  are  superseded  by  appointments  in  accordance  with  the  provisions 
of  section  1834,  or  until  their  successors  are  chosen. 

SEC.  1868.  That  the  State  board  of  agriculture  be,  and  they  are  hereby,  author- 
ized to  provide  from  time  to  time  in  bulletin  form,  for  the  dissemination  among 
the  people  of  this  State  and  through  the  medium  of  the  public  press,  the  results  of 
experiments  made  in  any  of  the  different  departments  of  the  agricultural  college 


LAWS    RELATING    TO    LAND-GEANT    COLLEGES.  71 

and  such  other  information  that  they  may  deem  of  sufficient  importance  to  require 
it  to  come  to  the  immediate  knowledge  of  the  fanners  and  horticulturists  of  the 
State. 

SEC.  1869.  The  several  professors  of  chemistry,  zoology,  botany,  agriculture, 
horticulture,  and  veterinary  science  shall  each,  at  least  twice  in  each  year,  not 
excluding  the  president  and  other  professors,  prepare  for  publication  an  article 
embracing  such  facts  as  they  may  deem  of  public  importance,  a  copy  of  which 
shall  be  simultaneously  sent  to  each  and  every  newspaper  published  in  the  State, 
and  to  such  persons  as  the  State  board  of  agriculture  may  think  proper;  said  pro- 
fessors to  so  arrange  that  at  least  one  of  said  articles  shall  be  sent  out,  as  above 
provided,  the  first  week  of  each  and  every  month  in  each  and  every  year. 

SEC.  1870.  The  board  of  State  auditors  shall,  upon  the  approval  of  the  State 
board  of  agriculture,  audit  the  accounts  for  printing,  stationery,  and  postage 
incurred  in  the  publishing  and  disseminating  of  said  bulletins,  and  the  same  shall 
be  paid  out  of  the  general  fund:  Provided,  That  no  account  for  printing  the  same 
in  any  newspaper  shall  be  allowed. 

SEC.  1871.  The  legislative  assent  required  by  section  9  of  act  of  Congress  approved 
March  2,  1887,  being  an  act  "to  establish  agricultural  experiment  stations,"  is 
hereby  given,  and  the  moneys  thereby  given  are  accepted  under  the  conditions  and 
terms  in  said  act  named. 

SEC.  1872.  The  moneys  derived  by  authority  of  said  act  shall  be  exclusively  used 
in  support  of  the  department  designated  as  "an  agricultural  experiment  station" 
in  connection  with  the  State  Agricultural  College  of  Michigan. 

SEC.  1873.  The  legislative  assent  required  by  section  2  of  act  of  Congress  approved 
August  30, 1890,  is  hereby  given,  and  the  moneys  thereby  given  are  accepted  under 
the  conditions  and  terms  in  said  act  named. 

SEC.  1874.  The  moneys  derived  by  authority  of  said  act  shall  be  used  exclusively 
in  support  of  the  State  Agricultural  College  of  Michigan. 

SEC.  1875.  In  addition  to  the  course  of  instruction  already  provided  for  by  law 
for  the  agricultural  college  of  this  State,  there  shall  be  added  military  tactics  and 
military  engineering. 

SEC.  1876.  The  State  board  of  agriculture  are  hereby  authorized  and  required 
to  make  such  additional  rules  and  regulations  for  the  government  and  control  of 
the  agricultural  college  as  may  be  necessary  to  carry  into  effect  the  provisions  of 
section  1875. 

SEC.  1877.  The  State  board  of  agriculture  shall,  by  and  with  the  advice  and  con- 
sent of  the  governor,  the  adjutant-general,  and  quartermaster-general,  procure,  at 
the  expense  of  the  State,  all  such  arms,  accoutrements,  books,  and  instruments, 
jind  appoint  such  additional  professors  and  instructors  as,  in  their  discretion,  may 
be  necessary  to  carry  into  effect  the  provisions  of  this  act:  Provided,  That  nothing 
in  tins  act  shall  be  construed  to  authorize  the  incurring  of  any  indebtedness  against 
the  State,  or  the  expenditure  of  money  beyond  the  appropriations  made  to  the 
agricultural  college.  [By  act  No.  1 65  of  1883  the  quartermaster-general  is ' '  author- 
ized, with  the  advice  and  consent  of  the  military  board,  to  deposit  with  the  State 
board  of  agriculture,  at  the  agricultural  college,  arms  and  accoutrements  for  the 
use  of  said  college."  ] 

Si.c.  1878.  The  State  board  of  agriculture  is  hereby  authorized  to  hold  institutes 
and  to  maintain  courses  of  reading  and  lectures  for  the  instruction  of  citizens  of 
this  State  in  the  various  branches  of  agriculture  and  kindred  sciences.  The  said 
board  shall  formulate  such  rules  and  regulations  as  it  shall  deem  proper  to  carry 
on  the  work  contemplated  in  this  act,  and  may  employ  an  agent  or  agents  to  per- 
form such  duties  in  connection  therewith  as  it  shall  deem  best. 

SEC.  1879.  When  20  or  more  persons,  residents  of  any  county  in  this  State,  organ- 
ize themselves  into  a  society  to  be  called  *'  The  —  —  County  Farmers'  Institute 
Society,"  for  the  purpose  of  teaching  better  methods  of  farming,  stock  raising, 
fruit  culture,  and  all  the  branches  of  business  connected  with  the  industry  of  agri- 
culture, and  adopt  a  constitution  and  by-laws  agreeable  to  rules  and  regulations 
furnished  by  the  State  board  of  agriculture,  and  when  such  society  shall  have 
elected  such  proper  officers  and  performed  such  other  acts  as  may  be  required  by 
the  rules  of  said  board,  such  society  shall  be  deemed  an  institute  society  in  the 
meaning  of  this  act:  Provided,  That  not  more  than  one  such  institute  society  in 
any  county  shall  be  authorized  by  this  act:  And  provided  further .  That  any  exist- 
ing organization  approved  by  the  board  of  agriculture  shall  be  considered  a  legally 
organized  institute  society  under  the  terms  of  this  act. 

SEC.  1880.  In  each  county  where  an  institute  society  Shall  be  organized  and  main- 
tained under  the  provisions  of  this  act  the  State  board  of  agriculture  shall  hold 
one  annual  institute  at  such  place  in  the  county  and  at  such  time  as  said  board 
may  deem  expedient  and  shall  furnish  for  the  institute  a  lecturer  or  lecturers  with 


72  EDUCATION   REPORT,  1903. 

all  expenses  paid.  The  county  institute  society  shall  provide  a  suitable  hall  for 
the  institute,  furnish  fuel  and  lights,  and  pay  other  local  expenses,  and  shall  pro- 
vide speakers  who  shall  occupy  one-half  the  time  of  the  institute  that  is  given 
to  set  addresses:  Provided,  That  upon  the  request  of  any  institute  society  which 
desires  to  conduct  its  own  institute  and  to  employ  lecturers  from  outside  of  the 
county  in  lieu  of  lecturers  sent  by  the  State  board  of  agriculture,  the  said  board 
may,  in  its  discretion,  grant  to  the  society  from  the  institute  fund  money  not  to 
exceed  $25,  said  money  to  be  expended  by  the  society  entirely  in  payment  of  serv- 
ices and  expenses  of  said  lecturers. 

SEC.  1881.  The  State  board  of  agriculture  is  further  authorized  to  hold  a  num- 
ber of  one-day  institutes  in  such  counties  as  it  may  deem  expedient.  Also,  if  the 
funds  appropriated  by  this  act  permit,  the  same  board  may  hold  a  number  of  four- 
day  institutes  at  such  places  and  times  as  said  board  may  determine,  at  which  the 
primary  object  shall  be  to  furnish  a  school  of  instruction  in  practical  agriculture 
and  kindred  sciences. 

SEC.  1882.  The  State  board  of  agriculture  shall  maintain  the  course  of  reading 
known  as  "  The  Farm  Home  Reading  Circle,"  and  may  expend  from  the  moneys 
appropriated  by  this  act  a  sum  not  to  exceed  $200  for  each  of  the  two  years  for 
which  the  appropriation  is  made  for  the  maintenance  and  extension  of  said  course. 

SEC.  1441.  The  money  received  from  the  sale  of  said  lands  [granted  by  act  of 
Congress  of  July  2,  1862]  shall  be  paid  into  the  State  treasury  and  shall  be  placed 
in  the  general  fund,  but  the  amount  thereof  shall  be  placed  to  the  credit  of  the 
agricultural  college  fund  upon  the  books  of  the  auditor-general,  and  the  annual 
interest  thereon,  computed  at  7  per  cent,  shall  be  regularly  applied  under  the  direc- 
tion of  the  State  board  of  agriculture  to  the  support  and  maintenance  of  the  State 
Agricultural  College,  where  the  leading  object  shall  be — without  excluding  other 
scientific  and  classical  studies,  and  including  military  tactics — to  teach  such 
branches  of  learning  as  are  related  to  agriculture  and  the  mechanic  arts,  in  order 
to  promote  the  liberal  and  practical  education  of  the  industrial  classes  in  the  sev- 
eral pursuits  and  professions  of  life. 

SEC.  1442.  The  State  board  of  agriculture  shall,  from  time  to  time,  in  their  discre- 
tion, as  they  may  deem  necessary  to  protect  the  best  interests  of  the  State,  cause  the 
lands  under  their  care  to  be  examined  and  their  value  and  condition  ascertained.  To 
this  end  they  may  appoint  one  or  more  agents,  who  shall  make  careful,  personal 
examination  of  the  lands  which  they  are  appointed  to  examine  and  report  fully  as 
to  their  character,  value,  and  condition  at  the  time  of  such  examination,  and  in 
case  any  of  said  lands  have  been  trespassed  upon  and  their  value  deteriorated 
thereby,  the  agent  examining  such  lands  shall  carefully  estimate  and  report  the 
amount  and  character  of  timber  probably  cut  and  removed,  the  date  of  the  cutting, 
and,  if  possible,  by  whom  or  for  whom  the  cutting  was  done.  Upon  receiving  such 
reports  of  examination,  the  State  board  of  agriculture  shall  consider  them,  and  if, 
in  the  opinion  of  the  board,  the  best  interests  of  the  State  would  be  promoted  by 
changing  the  price  or  terms  of  sale  of  any  or  of  all  the  lands  concerned,  the  said 
board  may  alter  by  reducing  or  advancing  the  price  per  acre  or  the  conditions  of  pay- 
ment: Provided,  That  not  less  than  25  per  cent  of  the  purchase  money  shall  be  paid  at 
the  time  of  purchase.  And  when  the  price  and  terms  are  so  fixed  the  said  board 
shall  fix  the  time  when  the  change,  if  any  be  made,  will  take  effect,  and  cause  the 
same  to  be  published. 

SEC.  1443.  The  said  State  board  of  agriculture  shall  certify  from  time  to  time 
to  the  auditor-general  the  amounts  required  for  the  services  and  expenses  of 
examining  agents,  and  for  such  other  expenses  as  may  be  necessary  for  the  proper 
care  and  disposition  of  said  lands,  and  the  auditor-general  shall  draw  his  warrant 
upon  the  State  treasurer  for  the  amounts  thus  certified,  and  the  State  treasurer 
shall  pay  the  same  out  of  the  general  fund.  All  contracts  and  certificates  of  said 
board  shall  be  signed  by  the  chairman  and  countersigned  by  the  secretary  of  the 
State  board  of  agriculture. 

SEC.  1444.  In  the  sale  of  lands  the  principal  value  of  which  consists  in  the 
timber  the  commissioner  of  the  State  land  office  shall  require  the  payment  of 
the  entire  amount  of  purchase  money  at  the  time  of  purchase,  or  such  portion 
of  the  same  above  one-fourth  as  he  may  deem  for  the  best  interest  of  the  State. 

SEC.  4791.  The  superintendent  of  public  instruction  shall  prepare  for  district 
schools  a  course  of  study,  comprising  the  branches  now  required  for  third-grade 
certificates,  which  shall  be  known  and  designated  "the  agricultural  college 
course,"  and  upon  the  satisfactory  completion  of  this  course  of  study,  as  evi- 
denced by  a  diploma  or  certificate,  duly  signed  by  the  county  commissioner  of 
schools,  pupils  shall  be  admitted  to  the  freshman  class  of  the  agricultural  college 
without  further  examination.  It  shall  be  the  duty  of  the  secretary  of  the  agri- 
cultural college  each  year  to  send  to  each  rural  school  district  in  the  State  a 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  73 

college  catalogue,  and  upon  application  to  furnish  to  such  schools  such  other 
information  as  may  be  desired  relative  to  said  college.  Such  catalogue  and  other 
information  shall  be  kept  in  each  school  for  reference. 

SEC.  1522.  It  shall  be  the  duty  of  said  board  to  cause  ample  materials  to  be 
collected  for  the  illustration  of  every  department  of  the  geology  and  mineralogy 
of  the  State,  and  to  label,  arrange,  and  prepare  the  same  for  exhibition  in  suita- 
ble cases  in  the  museums  of  the  State  university,  agricultural  college,  and  State 
normal  school,  and  in  each  of  the  incorporated  colleges  of  the  State,  and  in  a 
room  in  connection  with  the  State  library. 

Public  Acts,  1899,  No.  106:  Appropriates  for  1900  and  1901,  $132,000  for  build- 
ings, equipment,  repairs,  and  students'  labor. 

Ibid.,  1899,  No.  250:  Any  five  or  more  persons  of  full  age  residing  in  the  State 
of  Michigan  may  associate  and  incorporate  themselves  together  for  the  purpose 
of  establishing  loan-funds  for  the  benefit  of  scholars  and  students  of  this  State, 
to  assist  them  to  attend  the  University  of  Michigan,  the  Michigan  State  Agricul- 
tural College,  etc.  [Approved  June  15,  1899.] 

Ibid.,  1901,  No.  144:  SECTION  1.  The  township  board  of  any  township,  not  hav- 
ing \vithin  its  limits  an  incorporated  village  or  city,  upon  the  petition  of  not  less 
than  one- third  of  the  taxpayers  of  such  township  for  the  establishment  of  a  rural 
high  school,  shall  submit  such  question  to  a  vote  of  the  qualified  electors  of  said 
township  at  a  special  election  called  for  that  purpose  within  sixty  days  from  date 
of  receipt  of  said  petition. 

SEC.  3.  If  more  votes  are  cast  in  favor  of  such  high  school  than  against  it  at  such 
election,  the  qualified  electors  of  said  township  shall  elect  at  their  next  annual 
election  of  township  officers  a  board  of  trustees  of  three  members.  *  "  *  The 
township  clerk  shall  be  ex  officio  member  and  the  clerk  of  the  board,  and  the 
township  treasurer  shall  be  ex  officio  member  and  treasurer  of  the  board,  with  the 
same  power  as  other  members  of  the  board. 

SEC.  4.  *  *  The  board  shall  have  power  *  *  *  (g)  to  provide  a  course 
of  study  which  shall  bo  approved  by  the  superintendent  of  public  instruction  and 
the  president  of  the  Michigan  Agricultural  College,  and  shall  not  consist  of  more 
than  four  years'  work.  Said  course  of  study  may  include  instruction  in  manual 
training,  domestic  science,  nature  study,  and  the  elements  of  agriculture. 
[Approved  May  21,  1901.] 

Ibid.,  1901,  No.  232:  There  shall  be  assessed  in  the  year  1901  and  each  year 
thereafter,  upon  the  taxable  property  of  the  State  as  fixed  by  the  State  board  of 
equalization  in  the  year  1901  and  each  five  years  thereafter,  for  the  use  and  niaiii- 
tenance  of  the  Michigan  Agricultural  College,  the  Upper  Peninsula  Experiment 
St:it  i'  >n ,  a:id  s  ich  other  experiment  stations  as  have  beenestablished,  the  sum  of  one- 
tenth  of  a  mill  on  each  dollar  of  said  taxable  property,  provided  that  not  more 
than  $100,000  shall  be  assessed  in  any  one  year.  The  State  board  of  agriculture 
shall  make  an  annual  report  to  the  governor  of  the  State  of  all  the  receipts  and 
expenditures  of  the  Michigan  Agricultural  College,  the  Upper  Peninsula  Experi- 
ment Station,  and  such  other  experiment  stations  as  have  been  established. 

SKI'.  2.  Any  amount  standing  to  the  credit  of  the  college  in  the  agricultural 
college  interest  fund.  June  30,  1901,  may,  in  the  discretion  of  the  Michigan  State 
board  of  agricnlhr  1  for  building  or  other  extraordinary  expenses,  and 

any  amount  raised  by  this  act  in  excess  of  the  amount  needed  for  current  expenses 
during  any  fiscal  year  may  be  used  for  building  and  other  extraordinary  purposes 
in  the  discretion  of  the  said  board:  Prori<l<  d,  That  no  building  or  other  extraor- 
dinary outlay  fih'ill  be  commenced  until  the  accumulation  under  this  act  is  suffi- 
cient to  complete  the  building  or  other  extraordinary  undertaking:  Provided, 
That  the  Michigan  State  board  of  agriculture  shall  maintain  at  all  times  a  suffi- 
cient corps  of  instructors  in  all  the  courses  of  study  of  the  agricultural  college, 
the  same  being  known  as  the  agricultural  department,  the  mechanical  depart- 
ment, and  the  woman's  department;  shall  support  and  maintain  the  Upper 
Peninsula  Experiment  Station  and  such  other  experiment  stations  as  have  been 
established,  including  the  printing  and  binding  of  all  bulletins  as  at  present  pro- 
vided by  law,  and  shall  make  a  fair  and  equitable  division  of  the  funds  provided 
by  this  act  in  accord  with  the  wants  and  needs  of  said  courses  of  study  and  said 
experiment  station  as  they  shall  become  apparent.  Should  the  State  board  of 
agriculture  fail  at  any  time  to  maintain  any  of  said  departments  as  herein  pro- 
vided, the  terms  of  this  act  shall  be  suspended  until  further  action  by  the  legis- 
lature. 

SEC.  3.  The  State  board  of  agriculture  is  hereby  authorized  to  hold  institutes 
and  to  establish  and  maintain  courses  of  reading  and  lectures  for  instruction  in 
the  various  branches  of  agriculture,  mechanic  arts,  domestic  economy,  and  the 
related  sciences,  which  courses  of  reading,  instruction,  and  lectures  shall  be  con- 


74  EDUCATION   EEPORT,   1903. 

ducted,  governed,  and  controlled  by  act  No.  137  of  1899,  providing  for  the  same: 
Provided,  That  not  less  than  $7,500  shall  be  expended  annually  for  the  purposes 
provided  in  said  act;  but  the  number  of  one-day  institutes  shall  be  determined  by 
said  State  board  of  agriculture. 

SEC.  4.  The  appropriation  made  by  the  provisions  of  this  act  shall  be  paid  out 
of  the  general  fund  in  the  State  treasury  to  the  treasurer  of  the  Michigan  State 
board  of  agriculture  at  such  times  and  in  such  amounts  as  the  general  account- 
ing laws  of  the  State  prescribe,  and  the  disbursing  officer  shall  render  his  accounts 
to  the  auditor-general  thereunder. 

SEC.  5.  Whenever  the  Michigan  State  board  of  agriculture  contemplates  expend- 
ing any  portion  of  the  surplus  accumulated  under  this  act  for  any  building  or 
any  system  of  sewerage,  ventilation,  or  heating,  plans  shall  be  submitted  to  the 
State  board  of  corrections  and  charities,  as  required  by  section  2229,  Compiled 
Laws  of  1897.  But  whenever  the  surplus  is  used  for  any  other  special  purpose 
the  board  shall  certify  to  the  auditor-general  the  purpose  and  amount  set  aside  for 
the  same.  [Approved  June  6,  1901.] 


MINNESOTA. 

Constitution,  Article  VIII:  SEC.  2.  *  *  *  The  principal  of  all  funds  derived 
from  sales  of  swamp  lands,  as  aforesaid,  shall  forever  be  preserved  inviolate  and 
undiminished.  One-half  of  the  proceeds  of  said  principal  shall  be  appropriated  to 
the  common  school  fund  of  the  State.  The  remaining  one-half  shall  be  appropri- 
ated to  the  educational  and  charitable  institutions  of  the  State  in  the  relative  rates 
of  cost  to  support  said  institutions.  (Added  November  8, 1881.) 

SEC.  3.  But  in  no  case  shall  the  moneys  derived  as  aforesaid,  or  any  portion 
thereof,  or  any  public  moneys  or  property,  be  appropriated  or  used  for  the  sup- 
port of  schools  wherein  the  distinctive  doctrines,  creeds,  tenets  of  any  particular 
Christian  or  other  religious  sect  are  promulgated  or  taught.  (Adopted  Novem- 
ber 6,  1877.) 

SEC.  4.  The  location  of  the  University  of  Minnesota,  as  established  by  existing 
laws,  is  hereby  confirmed,  and  said  institution  is  hereby  declared  to  be  the  Uni- 
versity of  the  State  of  Minnesota.  All  the  rights,  immunities,  franchises,  and 
endowments  heretofore  granted  or  conferred  are  hereby  perpetuated  unto  the  said 
university,  and  all  lands  which  may  be  granted  hereafter  by  Congress  or  other 
donations  for  said  university  purposes  shall  vest  in  the  institution  referred  to  in 
this  section. 

[The  following  matter  is  taken  from  "The  general  statutes  of  the  State  of  Minnesota,  as 
amended  by  subsequent  legislation,  -with  which  are  incorporated  all  general  laws  of  the  State, 
in  force  December  31, 1894,  compiled  and  edited  by  Henry  B.  Wenzell."  2  vols.,  St.  Paul,  1894.] 

SEC.  4020.  The  State  of  Minnesota  hereby  accepts  the  grants  of  money  made  to  it 
by  an  act  of  the  Congress  of  the  United  States  approved  August  30, 1890,  and  assents 
to  the  purpose  of  said  grants  as  in  said  act  set  forth. 

SEC.  4021.  All  lands  donated  to  the  State  of  Minnesota  for  the  purpose  of  pro- 
viding colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts  under  the  act 
of  Congress  approved  July  2,  1862,  shall  be  appraised  and  sold,  and  the  moneys 
arising  therefrom  shall  be  invested  in  the  same  manner  as  is  provided  by  law  for 
the  appraisement  and  sale  and  investing  the  moneys  of  school  lands  under  the 
provisions  of  the  foregoing  title,  except  that  there  shall  be  written  on  the  bonds, 
"  Bonds  of  the  agricultural  college  of  Minnesota,  transferable  only  upon  the  order 
of  the  governor:"  Provided,  That  no  such  lands  shall  be  sold  for  a  less  sum  than 
$5  per  acre,  nor  for  less  than  the  appraised  value  thereof:  Provided,  That  all  the 
provisions  of  law  relating  to  the  taxation  of  school  lands  and  the  rights  of  pur- 
chasers at  any  forfeited  tax  sale  of  such  lands,  as  provided  by  law,  shall  apply  to 
all  sales  of  lands  made  under  the  provisions  of  this  title. 

SEC.  4022.  All  moneys  derived  from  the  sale  of  the  lands  aforesaid  shall  be 
invested  in  stocks  of  the  United  States  or  of  this  State  yielding  not  less  than  4|  per 
cent  upon  the  par  value  of  said  stock,  and  the  moneys  so  invested  shall  constitute 
a  perpetual  fund,  the  capital  of  which  shall  remain  forever  undiminished,  and  the 
interest  of  which  shall  be  inviolably  appropriated  to  the  endowment,  support,  and 
maintenance  of  at  least  one  college  where  the  leading  object  shall  be,  without 
excluding  other  scientific  and  classical  studies  and  including  military  tactics,  to 
teach  such  branches  of  learning  as  are  related  to  agriculture  and  the  mechanic 
arts,  in  such  manner  as  may  hereafter  be  prescribed,  in  order  to  promote  the  lib- 
eral and  practical  education  of  the  industrial  classes  in  the  several  pursuits  and 
professions  of  life. 


LAWS    RELATING    TO    LAND-GKANT    COLLEGES.  75 

SEC.  4023.  If  any  portion  of  the  fund  invested,  as  provided  by  the  foregoing  sec- 
tion, or  any  portion  of  the  interest  thereon  shall  by  any  action  or  contingency  be 
lost  it  shall  be  replaced  by  the  State,  so  that  the  capital  of  the  fund  shall  forever 
remain  undiininished,  and  the  annual  interest  shall  be  regularly  applied  without 
diminution  to  the  purposes  mentioned  in  the  preceding  section,  except  that  a  sum 
not  exceeding  10  per  centum  upon  the  amount  received  may  be  expended  for  the 
purchase  of  lands  for  sites  or  experimental  farms  whenever  authorized  by  the 
legislature. 

SEC.  4024.  No  portion  of  such  fund  nor  the  interest  thereon  shall  be  applied, 
directly  or  indirectly,  under  any  pretense  whatever,  to  the  purchase,  erection,  pres- 
ervation, or  repair  of  any  building. 

SEC.  4025.  The  purchase  of  4^  per  cent  bonds  heretofore  made  with  the  proceeds 
of  sales  of  agricultural  college  lands  is  hereby  legalized. 

SEC.  4026.  All  lands  donated  to  the  State  of  Minnesota  by  the  United  States  by 
act  of  Congress  entitled  "  An  act  donating  to  the  States  of  Minnesota  and  Oregon 
certain  lands  reserved  by  Congress  for  the  Territories  of  Minnesota  and  Oregon 
for  university  purposes,"  approved  March  2, 1861,  and  an  act  of  Congress  enti- 
tled "  An  act  donating  public  lands  to  the  several  States  and  Territories  which 
may  provide  colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts," 
approved  July  2,  1862,  and  any  part  or  portion  of  such  lands,  upon  the  written 
request  of  the  board  of  regents  of  the  University  of  Minnesota  to  the  commis- 
sioner of  the  State  land  office,  shall  be  appraised  and  sold,  and  the  minimum  price 
thereof  shall  be  the  same,  and  permits  for  the  cutting  of  timber  thereon,  and 
upon  any  part  of  the  same,  shall  be  granted,  and  the  minimum  price  of  such 
timber  be  fixed,  and  the  right  to  cut  grass  and  gather  cranberries  and  make  maple 
sugar  thereon,  or  upon  any  part  of  the  same,  shall  be  sold,  and  all  moneys  arising 
therefrom,  except  as  hereinafter  provided,  shall  be  invested  and  a  full  record 
thereof  shall  be  kept,  and  a  report  thereof  shall  be  made  annually  to  the  legisla- 
ture, and  all  trespassers  upon  said  lands,  or  any  of  the  same,  shall  be  prosecuted, 
by  the  same  officer  or  officers,  respectively,  and  in  the  same  manner  in  every 
respect  as  is  now  provided  bylaw  respecting  school  lands;  except  that  there  shall 
be  written  on  the  bonds  purchased  "  Bonds  of  the  University  of  Minnesota,  trans- 
ferable only  upon  the  order  of  the  governor;"  and  such  officers,  respectively,  shall 
have  the  same  powers  and  perform  the  same  duties  as  are  provided  by  law 
respecting  such  school  lands.  And  the  proceeds  of  the  sale  of  such  lands  above 
mentioned,  when  so  invested,  shall  constitute  a  permanent  fund,  and  the  same 
shall  be  called  the  university  fund;  and  there  shall  be  and  is  hereby  inviolably 
appropriated  and  placed  at  the  disposal  of  the  board  of  regents  of  the  University 
of  Minnesota,  to  be  drawn  from  the  State  treasury  in  the  same  manner  as  the 
interest  and  increase  of  the  fund  derived  from  the  sales  of  lands  granted  to  the 
State  of  Minnesota  by  act  of  Congress  approved  July  2,  1862,  as  now  provided  by 
law,  all  of  the  interest  and  increase  of  such  university  fund;  and  also  all  the 
proceeds  of  the  sales  of  such  timber  and  grass. 

SEC.  4027.  Nothing  in  this  act  contained  shall  in  any  way  modify  or  affect  the 
powers  conferred  by  or  the  provisions  of  an  act  to  reorganize  and  provide  for  the 
government  and  regulation  of  the  University  of  Minnesota,  and  to  establish  an 
agricultural  college  therein,  approved  February  19,  1868. 

SEC.  3902.  The  object  of  the  University  of  Minnesota,  established  by  the  con- 
stitution, at  or  near  the  Falls  of  St.  Anthony,  shall  be  to  provide  the  means  of 
acquiring  a  thorough  knowledge  of  the  various  branches  of  literature,  science  and 
the  arts,  and  such  branches  of  learning  as  are  related  to  agriculture  and  the 
mechanic  arts,  including  military  tactics  and  other  scientific  and  classical  studies. 

SEC.  3903.  There  shall  be  established  in  the  University  of  Minnesota  five  or  more 
colleges  or  departments — that  is  to  say,  a  department  of  elementary  instruction; 
a  college  of  science,  literature,  and  the  arts;  a  college  of  agriculture,  including 
military  tactics;  a  college  of  the  mechanic  arts;  a  college  or  department  of  law, 
and  also  a  college  or  department  of  medicine.  The  department  of  elementary 
instruction  may  be  dispensed  with  at  such  rate  and  in  such  wise  as  may  seem  just 
and  proper  to  the  board  of  regents. 

SEC.  3904  [as  amended  by  General  Laws,  1895,  chap.  15] .  The  government  of  the 
university  shall  be  vested  in  a  board  of  13  regents,  of  which  the  governor  of  the 
State,  the  State  superintendent  of  public  instruction,  the  president  of  the  univer- 
sity, and  the  honorable  John  Sargent  Pillsbury,  for  and  during  his  good  pleasure 
as  an  honorary  member,  haying  the  same  power  as  any  other  member,  shall  be 
members  ex  officio.  and  the  nine  remaining  members  thereof  shall  be  appointed  by 
the  governor,  by  and  with  the  advice  and  consent  of  the  senate.  Whenever  a 
vacancy  therein  occurs  for  any  cause  the  same  shall  be  filled  for  the  unexpired 
term  in  the  same  manner.  After  the  expiration  of  the  term  of  the  members  of  the 


76  EDUCATION   EEPOET,  1903. 

present  board  of  regents,  their  successors  shall  be  appointed  in  like  manner,  and 
shall  hold  their  office  for  the  full  term  of  six  years  from  the  first  Wednesday  of 
March  succeeding  their  appointments  and  until  their  successors  are  appointed  and 
qualified.  The  president  of  the  university  shall  be  ex  officio  the  corresponding 
secretary  of  the  board  of  regents. 

SEC.  3905.  The  regents  of  the  university  shall  constitute  a  body  corporate  under 
the  name  and  style  of  "  University  of  Minnesota,"  and  by  that  name  may  sue  and 
be  sued,  contract  and  be  contracted  Vith,  make  and  use  a  common  seal,  and  alter 
the  same  at  pleasure.  A  majority  of  voting  members  shall  constitute  a  quorum 
for  tiie  transaction  of  business,  and  a  less  number  may  adjourn  from  time  to  time. 

SEC.  3906.  The  board  of  regents  shall  elect  from  the  members  of  the  board  a 
president  of  the  board.  They  shall  also  elect  a  recording  secretary  and  a  treas- 
urer who  may  or  may  not  be  members  of  the  board.  All  of  said  officers  shall  hold 
their  respective  offices  during  the  pleasure  of  the  board,  and  the  president  and 
treasurer  each  shall,  before  entering  upon  the  duties  of  his  office,  execute  a  bond 
in  the  penal  sum  of  $50,000,  with  at  least  two  sufficient  sureties,  to  the  State  of 
Minnesota,  to  be  approved  by  the  governor,  conditioned  for  the  faithful  and  hon- 
est performance  of  the  duties  of  his  office  according  to  law,  which  bonds  when 
so  approved  shall  be  filed  in  the  office  of  the  secretary  of  state. 

SEC.  3907.  The  board  of  regents  shall  have  power,  and  it  shall  be  their  duty,  to 
enact  by-laws  for  the  government  of  the  University  of  Minnesota  in  all  its  depart- 
ments, to  elect  a  president  of  the  University,  and  in  their  discretion  a  vice-presi- 
dent and  the  requisite  number  of  professors,  instructors,  officers,  and  employees, 
and  to  fix  their  salaries,  also  the  term  of  office  of  each;  and  to  determine  the  moral 
and  educational  qualifications  of  applicants  for  admission;  and  in  the  appoint- 
ment of  professors,  instructors,  and  other  officers  and  assistants  of  the  university, 
and  in  prescribing  the  studies  and  exercises  thereof,  and  in  all  the  management 
and  government  thereof  no  partiality  or  preference  shall  be  shown  to  one  sect  or 
religious  denomination  over  another,  nor  shall  anything  sectarian  be  taught 
therein;  and  the  board  of  regents  shall  have  power  to  regulate  the  course  of 
instruction  and  prescribe  the  books  and  authorities  to  be  used,  and  also  to  confer 
such  degrees  and  grant  such  diplomas  as  are  usual  in  universities  in  their  discre- 
tion. It  shall  be  the  duty  of  the  recording  secretary  to  record  all  the  proceedings 
of  the  board  and  carefully  preserve  all  its  books  and  papers,  and  before  entering 
upon  the  duties  of  his  office  he  shall  take  and  subscribe  an  oath  to  perform  his 
duties  honestly  and  faithfully  as  such  officer.  It  shall  be  the  duty  of  the  treasurer 
to  keep  an  exact  and  faithful  account  of  all  moneys,  bills  receivable,  and  evidences 
of  indebtedness,  and  all  securities  and  property  received  or  paid  out  by  him,  and 
before  entering  upon  his  duties  he  shall  take  and  subscribe  an  oath  that  he  will 
well  and  faithfully  perform  the  duties  of  treasurer  thereof.  It  shall  be  the  duty 
of  the  president  to  preside  at  the  meetings  of  the  board,  and  in  case  of  his  inability 
to  preside  the  board  may  appoint  a  president  pro  tempore. 

SEC.  3908.  There  is  hereby  established  a  professorship  of  Scandinavian  language 
and  literature  in  the  State  university,  with  the  same  salary  as  is  paid  in  said  uni- 
versity to  other  professors  of  the  same  grade. 

SEC.  3909.  It  shall  be  the  duty  of  the  board  of  regents  of  the  State  university,  as 
soon  as  practicable  after  the  passage  of  this  act,  to  appoint  to  said  professorship 
[of  Scandinavian  language]  some  person  learned  in  the  Scandinavian  language 
and  literature  and  at  the  same  time  skilled  in  and  capable  of  teaching  the  dead 
languages  so  called. 

SEC.  8910.  In  addition  to  all  the  rights,  immunities,  franchises,  and  endowments 
heretofore  granted  or  conferred  to  or  upon  the  University  of  Minnesota,  for  the 
endowment,  support,  and  maintenance  thereof ,  there  shall  be,  and  is  here  by,  invio- 
lably appropriated  and  placed  at  the  disposal  of  the  board  of  regents  thereof,  to  be 
drawn  from  the  State  treasury  upon  the  order  of  the  president  and  payable  to  the 
order  of  the  treasurer  of  the  board,  all  the  interest  and  income  of  the  fund  to  be 
derived  from  the  sales  of  all  the  lands  granted  and  to  be  granted  to  the  State  of 
Minnesota  by  virtue  of  an  act  of  Congress  approved  July  2, 1862,  and  also  all  such 
gifts,  grants,  and  contributions  to  the  endowment  thereof  as  maybe  derived  from 
any  and  all  sources. 

SEC.  3911.  The  first  meeting  of  the  board  of  regents  under  the  provisions  of  this 
act  shall  be  holden  at  the  university  building  on  the  first  Wednesday  of  March, 
1868,  at  which  meeting  the  officers  of  the  board  shall  be  elected,  and  the  annual 
meetings  of  tho  board  shall  be  holden  on  the  second  Tuesday  of  December  in  each 
and  every  year  thereafter.  Special  meetings  of  the  board  shall  be  called  and  holden 
at  such  times  and  in  such  manner  as  the  board  of  regents  shall  determine. 

SEC.  3912.  [As  amended  bylaws  1897,  chap.  102.]  Any  person  or  persons  con- 
tributing a  sum  of  not  less  than  $50,000  shall  have  the  privilege  of  endowing  a 


LAWS    KELATING    TO    LAND-GRANT    COLLEGES.  77 

professorship  in  the  university,  the  name  and  object  of  which  shall  be  designated 
by  the  board  of  regents. 

SEC.  3913.  The  said  board  of  regents  shall  succeed  to  and  have  control  of  the 
books,  records,  buildings,  and  all  other  property  of  the  university,  and  the  present 
board  of  regents  [cf.  sec.  10,  Gen.  Stat.,  1878]  shall  be  dissolved  immediately  npon 
the  organization  of  the  board  herein  provided  for:  Provided,  That  all  contracts 
made  and  at  that  time  binding  upon  the  board  then  [in  1878]  dissolved  shall  be 
assumed  and  discharged  by  their  successors  in  office. 

SEC.  3914.  It  shall  be  the  duty  of  the  board  of  regents  herein  provided  for  to 
make  arrangements  for  securing  suitable  lands,  pursuant  to  the  act  of  Congress 
above  mentioned,  in  the  vicinity  of  the  university  for  an  experimental  farm,  and 
as  soon  as  may  be  thereafter  to  make  such  improvements  thereon  as  will  render 
the  same  available  for  experimental  purposes  in  connection  with  the  course  in  the 
agricultural  college,  and  for  such  purpose  the  board  of  regents  is  hereby  author- 
ized to  expend  a  sum  not  exceeding  the  amount  specified  in  the  act  of  Congress 
aforesaid. 

SEC.  3915.  It  shall  be  the  duty  of  the  board  of  regents  of  the  University  of  Min- 
nesota, as  soon  as  practicable  after  the  passage  of  this  act,  to  establish  at  said  uni- 
versity an  agricultural  experiment  station  for  the  purpose  of  promoting  agriculture 
in.  its  various  branches  by  scientific  investigation  and  experiment,  which  station 
shall  be  under  the  control  and  supervision  of  the  said  board  of  regents. 

SEC.  3916.  The  State  of  Minnesota  (Jpes  hereby  assent  to  the  grants  of  money 
authorized  by  an  act  of  the  Congress  of  the  United  States  entitled  "An  act  to 
establish  agricultural  experiment  stations  in  connection  with  the  colleges  estab- 
lished in  the  several  States." 

SEC.  3917.  An  experimental  station  is  hereby  established  on  the  State  school 
farm  at  Owatonna,  in  this  State,  for  the  purpose  of  producing  new  and  valuable 
varieties  of  fruit  trees,  thoroughly  testing  promising  varieties  we  now  have,  and 
securing  reliable  reports  in  regard  to  fruit,  forest,  and  ornamental  trees  best 
adapted  to  the  State. 

SEC.  3918.  The  said  station  shall  be  under  the  general  supervision  of  the  board 
of  regents  of  the  State  university,  who  shall,  with  the  advice  of  the  president  and 
secretary  of  the  State  horticultural  society,  appoint  a  superintendent,  who  shall 
report  to  the  board  of  regents  as  they  may  direct,  and  who  shall  report  to  the 
State  horticultural  society  in  person  at  each  annual  winter  meeting  thereof. 

SEC.  3919.  All  products  of  said  station  shall  be  the  exclusive  property  of  the 
State,  and  all  surplus  shall  be  disposed  of  as  the  board  of  regents  may  direct. 

SEC.  3920.  The  board  of  regents  is  hereby  authorized  to  set  apart  and  appropriate 
from  any  fund  at  their  disposal,  for  such  purposes,  such  sum  as  they  may  deem 
advisable,  not  exceeding  $1,000  per  annum,  for  the  total  expense  of  said  station. 

SEC.  3921.  On  or  before  the  second  Tuesday  of  December  in  each  and  every 
year  the  board  of  regents,  through  their  president,  shall  make  a  report  to  the 
governor,  showing  in  detail  the  progress  and  condition  of  the  university  during 
the  previous  university  year,  the  wants  of  the  institution  in  all  its  various  depart- 
ments, the  nature,  cost,  and  results  of  all  improvements,  experiments  and  inves- 
tigations, the  number  of  professors  and  students,  the  amounts  of  money  received 
and  disbursed,  and  such  other  matter,  including  industrial  and  economical  sta- 
tistics, as  they  may  deem  important  or  useful.  One  copy  of  the  said  report  shall 
be  transmitted  to  each  of  the  other  colleges  which  shall  be  endowed  under  the 
provisions  of  said  act  cf  Congress,  and  one  copy  to  the  Secretary  of  the  Interior. 

SEC.  3922.  The  president  of  the  university  shall  be  the  president  of  the  general 
faculty,  and  of  the  special  faculties  of  the  several  departments  or  colleges,  and 
the  executive  head  or  the  institution  in  all  its  departments.  As  such  officer  he 
shall  have  authority,  subject  to  the  board  of  regents,  to  give  general  directions 
to  the  practical  affairs  and  scientific  investigations  of  the  university,  and,  in  the 
recess  of  the  board  of  regents,  to  remove  any  employee  or  subordinate  officer  not 
a  member  of  the  faculty,  and  supply  for  the  time  being  any  vacancies  thus 
created.  He  shall  perform  the  customary  duties  of  a  corresponding  secretary, 
and  may  be  charged  with  the  duties  of  one  of  the  professorships.  He  shall  make 
to  the  superintendent  of  public  instruction,  on  or  before  the  second  Tuesday  in 
December  in  each  and  every  year  a  report  showing  in  detail  the  progress  and 
condition  of  the  university  during  the  previous  university  year,  the  number  of 
professors  and  students  in  the  several  departments,  and  such  other  matters  relat- 
ing to  the  proper  educational  work  of  the  institution  as  he  shall  deem  useful. 
It  shall  also  be  the  duty  of  the  president  of  the  university  to  make  to  the  board  of 
regents,  on  or  before  the  second  Tuesday  in  December  of  each  and  every  year  a 
report  showing  in  detail  the  progress  and  condition  of  the  university  during  the 
previous  university  year,  the  nature  and  results  of  all  important  experiments  and 


78  EDUCATION    EEPOET,   1903. 

investigations  and  such  other  matters,  including  economical  and  industrial  facts 
and  statistics,  as  he  shall  deem  useful. 

SEC.  3923.  It  shall  be  unlawful  for  any  person  to  sell  or  dispose  of  any  spiritu- 
ous, vinous,  or  malt  liquors  within  a  distance  of  1  mile  of  the  main  building  of 
the  University  of  Minnesota,  as  now  located  in  the  city  of  Minneapolis:  Provided, 
That  the  provisions  of  this  section  shall  not  apply  to  that  part  of  the  city  of  Min- 
neapolis lying  on  the  west  side  of  the  Mississippi  River. 

SEC.  3924.  Any  person  violating  the  provisions  of  the  foregoing  section  shall, 
upon  conviction,  be  fined  not  less  than  $50  nor  more  than  $100  for  every  such 
offense,  or  shall  be  imprisoned  in  the  county  jail  of  the  county  of  Hennepin  for  a 
period  of  not  less  than  two  nor  more  than  twelve  months. 

SEC.  3925.  There  is  hereby  annually  appropriated  to  the  University  of  Minnesota, 
from  any  money  in  the  State  treasury  not  otherwise  appropriated,  belonging  to 
the  fund  for  the  support  of  State  institutions,  the  sum  of  $31,000;  $19,000  thereof  to 
be  used  to  aid  in  the  support  of  said  university  and  $12,000  to  be  applied  to  the 
reimbursement  of  the  permanent  university  fund  for  moneys  heretofore  used  for 
the  support  of  said  university  arising  from  the  sale  of  stumpage  on  university 
lands.  All  moneys  hereby  appropriated  shall  be  drawn  uppn  orders  of  the  board 
of  regents  of  the  university,  and  the  State  auditor  is  hereby  authorized  to  draw 
warrants  on  the  State  treasury  on  the  presentation  of  such  orders. 

SEC.  3926.  The  sum  of  $50,000,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated,  in  addition  to  the  income  of  the  permanent  university  fund,  from 
the  general  revenue  fund  for  the  support  of  the  State  university  for  the  fiscal  year 
ending  July  81, 1888,  and  annually  thereafter. 

SEC.  3927.  From  and  after  the  expiration  of  the  fiscal  year  ending  July  31, 1894, 
the  annual  appropriations  for  the  support  of  the  university,  made  in  section  3926 
above,  and  an  appropriation  "for  additional  allowance  for  the  general  expenses 
for  the  support  of  the  State  university,  $25,000  "  annually  after  the  year  1889,  shall 
cease  and  determine:  Provided,  That .whenever  the  amount  in  the  fund  for  the 
maintenance  of  the  University  of  Minnesota  raised  under  the  provisions  of  this 
act  shall  be  over  the  sum  of  $125,000  in  any  one  year  the  amount  over  said  sum 
shall  be  passed  to  the  revenue  fund  of  the  State. 

SEC.  3928.  It  shall  be  the  duty  of  the  board  of  regents  of  the  University  of  Min- 
nesota to  cause  to  be  begun,  as  soon  as  may  be  practicable,  and  to  carry  on  a 
thorough  geological  and  natural  history  survey  of  the  State. 

SEC.  3932.  It  shall  be  the  duty  of  the  State  geologist  to  report  at  once  to  the 
board  of  regents  all  discoveries,  either  of  economic  or  scientific  interest  to  the 
State,  that  may  be  made  by  such  testing  and  exploration;  such  report  shall  be 
published  by  the  board  of  regents  in  the  same  manner  as  now  provided  for  the 
publication  of  the  annual  reports  of  the  geological  and  natural  history  survey  of 
the  State,  and  shall  be  paid  out  of  the  same  funds:  Provided,  That  any  important 
mineral  discoveries  or  other  scientific  contributions  to  the  geological  and  natural 
history  survey  that  the  said  State  geologist  may  deem  necessary  for  immediate 
publication  shall  not  be  suppressed  until  the  regular  report  of  the  board  of  regents, 
but  shall  be  issued  from  time  to  time  under  the  direction  of  said  State  geologist. 

SEC.  3936.  The  said  board  of  regents  shall  also  cause  to  be  collected  and  tabu- 
lated such  meteorological  statistics  as  may  be  needed  to  account  for  the  varieties 
of  climate  in  the  different  parts  of  the  State;  also  to  cause  to  be  ascertained,  by 
barometrical  observation  or  other  appropriate  means,  the  relation,  elevations,  and 
depressions  of  the  different  parts  of  the  State;  and  also  on  or  before  the  comple- 
tion of  the  said  surveys  to  cause  to  be  compiled,  from  such  actual  surveys  and 
measurements  as  may  be  necessary,  an  accurate  map  of  the  State,  which  map, 
when  approved  by  the  governor,  shall  be  the  official  map  of  the  State. 

SEC.  3937.  It  shall  be  the  duty  of  the  said  board  of  regents  to  cause  proper  speci- 
mens skillfully  prepared,  secured,  and  labeled  of  all  rocks,  soils,  ores,  coals,  fos- 
sils, cements, 'building  stones,  plants,  woods,  skins  and  skeletons  of  animals, 
birds,  insects,  and  fishes,  and  other  mineral,  vegetable,  and  animal  substances  and 
organisms  discovered  or  examined  in  the  course  of  said  surveys,  to  be  preserved 
for  public  inspection,  free  of  cost,  in  the  University  of  Minnesota,  in  rooms  con- 
venient of  access  and  properly  wanned,  lighted,  ventilated,  and  furnished,  and  in 
charge  of  a  proper  scientific  curator;  and  they  shall  also,  whenever  the  same  may 
be  practicable,  cause  duplicates,  in  reasonable  numbers  and  quantities,  of  the  above- 
named  specimens,  to  be  collected  and  preserved  for  the  purpose  of  exchanges  with 
other  State  universities  and  scientific  institutions,  of  which  latter  the  Smithsonian 
Institution  at  Washington  shall  have  the  preference. 

SEC.  3938.  The  said  board  of  regents  shall  cause  a  geological  map  of  the  State 
to  be  made  as  soon  as  may  be  practicable,  upon  which,  by  colors  and  other  appro- 
priate means  and  devices,  the  various  geological  formations  shall  be  represented. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  79 

SEC.  3939.  The  governor,  the  secretary  of  state,  and  the  State  geologist  are 
hereby  created  a  commission  for  the  printing  and  the  publication  of  the  reports  of 
the  regents  of  the  university  on  the  geological  and  natural  history  survey  of  the 
State. 

SEC.  3946.  It  shall  be  the  duty  of  the  said  board  of  regents,  through  their  presi- 
dent, to  make,  on  or  before  the  second  Tuesday  in  December  of  each  and  every 
year,  a  report  showing  the  progress  of  said  surveys,  accompanied  by  such  maps, 
drawings,  and  specifications  as  may  be  necessary  and  proper  to  exemplify  the 
same,  to  the  governor,  who  shall  lay  the  same  before  the  legislature;  and  the  said 
board  of  regents,  upon  the  completion  of  any  separate  portion  of  the  said  surveys, 
shall  cause  to  be  prepared  a  memoir  or  final  report,  which  shall  embody  in  a  con- 
venient manner  all  useful  and  important  information  accumulated  in  the  course 
of  the  investigation  of  the  particular  department  or  portion,  which  report  or 
memoir  shall  likewise  be  communicated  through  the  governor  to  the  legislature. 

SEC.  3948.  The  State  lands  known  as  "  State  salt  lands,"  donated  by  the  general 
Government  to  aid  in  the  development  of  the  brines  of  the  State  of  Minnesota, 
shall  be  transferred  to  the  custody  and  control  of  the  board  of  regents  of  the  Uni- 
versity of  Minnesota.  By  said  board  of  regents  these  lands  may  be  sold  in  such 
manner  or  in  such  amounts,  consistent  with  the  laws  of  the  State  of  Minnesota, 
as  they  may  see  fit,  the  proceeds  thereof  being  held  in  trust  by  them,  and  only 
disbursed  in  accordance  with  the  law  ordering  a  geological  and  natural  history 
survey  of  the  State. 

SEC.  3949.  The  lands  granted  by  Congress  to  this  State  by  an  act  entitled  "An 
act  granting  lands  to  the  State  of  Minnesota  in  lieu  of  certain  lands  heretofore 
granted  to  said  State/'  approved  March  3,  1879,  are  hereby  transferred  to  the 
custody  and  control  of  the  board  of  regents  of  the  University  of  Minnesota, 
which  lands  the  said  board  may  sell  in  such  amounts  as  they  may  deem  most 
expedient  and  beneficial,  the  proceeds  thereof  being  held  in  trust  by  them,  and 
only  disbursed  in  accordance  with  the  law  ordering  a  geological  and  natural 
history  survey  of  the  State;  and  the  said  board  shall  make  report  of  their  doings 
in  the  premises  as  provided  by  law. 

SEC.  3951.  The  University  of  Minnesota  is  hereby  authorized  and  empowered  to 
execute,  acknowledge,  and  deliver  in  it's  corporate  name,  under  its  corporate  seal 
and  the  signatures  or  attestations  of  the  president  and  secretary  of  the  board 
of  regents,  deeds  of  conveyance  for  all  the  lands  mentioned  or  referred  to  in  the 
two  several  acts  aforesaid  [the  ''Salt  lands  or  lands  granted  in  lieu  thereof"], 
which  have  heretofore  been  or  shall  hereafter  be  sold  under  the  authority  of  the 
board  of  regents,  and  all  deeds  of  such  lands  so  executed  and  delivered  shall  be 
effectual  to  pass  to  the  grantees  therein,  respectively,  all  the  title  of  the  State  of 
Minnesota  or  the  University  of  Minnesota  or  the  board  of  regents  thereof  in  the 
lands  therein  described  at  the  time  of  such  execution  and  delivery  thereof. 

Si:c.  3953.  It  shall  bo  the  duty  of  the  said  board  of  regents,  as  soon  as  practi- 
cable, to  cause  a  full  and  scientific  investigation  and  report  on  the  salt  springs  of 
the  State,  with  a  view  to  the  early  development  of  such  brine  deposits  as  may 
exist  within  the  State. 

SEC.  3954.  The  board  of  regents  of  the  University  of  Minnesota  shall  cause  the 
immediate  survey  and  investigation  of  the  peat  deposits  of  the  State  of  Minne- 
sota, accompanied  by  such  tests  and  chemical  examinations  as  may  be  necessary 
to  show  their  economical  value  and  their  usefulness  for  the  purposes  of  common 
fuel,  a  full  report  thereon  to  be  presented  to  the  legislature  as  soon  as  practicable. 

SEC.  3955.  The  sum  of  $2,000  is  hereby  appropriated  annually  (in  lieu  of  $1,000) , 
for  the  purposes  of  the  geological  and  natural  history  survey,  until  such  time  as 
the  proceeds  of  the  sales  of  the  salt  lands  shall  equal  that  amount,  when  such 
animal  appropriation  shall  cease. 

BBC.  3956.  It  shall  be  the  duty  of  the  board  of  regents  of  the  University  of  Min- 
nesota to  cause  duplicate  geological  specimens  to  be  collected  and  to  furnish  to 
each  of  the  three  normal  schools  suites  of  such  specimens  after  the  university 
collection  has  become  complete. 

SEC.  3957.  When  the  geological  and  natural  history  survey  of  the  State  shall 
have  been  completed,  the  final  report  on  the  same  by  the  said  board  of  regents 
shall  give  a  full  statement  of  the  sales  of  the  salt  lands  hereby  given  into  the  cus- 
tody and  control  of  the  board  of  regents  of  the  University  of  Minnesota,  together 
with  the  amount  of  moneys  received  therefrom  and  of  the  balance,  if  any,  left  in 
tte  hands  of  the  said  board  of  regents. 

SEC.  3768.  [Amended  by  laws  1897,  chap.  75,  q.  v.]  There  shall  be  levied 
annually  upon  the  taxable  property  of  the  State  a  tax  of  one  and  fif  teen-hundredths 
mills,  to  be  known  as  the  "  Stater  school  tax,''  which  shall  be  collected  as  other 
taxes  are  collected,  of  which  the  proceeds  of  one  mill  shall  be  added  to  the  general 


80  EDUCATION   EEPOKT,  1903. 

school  fund,  which  together  shall  be  known  as  the  "  current  school  fund."  to  be 
apportioned  as  hereinbefore  provided,  and  the  proceeds  of  fifteen-hundredths  mills 
shall  be  for  the  support  and  maintenance  of  the  University  of  Minnesota,  and  shall 
be  added  to  the  general  university  fund  and  be  payable  to  the  order  of  the  board 
of  regents. 

SEC.  7975.  There  is  hereby  established  a  uniform  system  of  accounting  for  public 
funds  in  the  following-named  institutions  of  the  State  of  Minnesota,  namely,  the 
State  university,  etc. 

SEC.  7976.  It  shall  be  the  duty  of  the  managing  board  of  each  of  the  State  insti- 
tutions mentioned  in  section  7975  to  designate  an  accounting  officer,  whose  duty 
it  shall  be  to  keep  or  supervise  the  financial  accounts  of  the  institution  and  to  per- 
form such  other  duties  as  shall  be  prescribed  by  law  or  by  the  said  managing 
board.  They  shall  also  designate  either  the  said  accounting  officer  or  some  other 
officer  of  the  institiition  to  act  as  purchasing  agent,  whose  duty  it  shall  be  to  pur- 
chase all  goods  and  supplies  needed  for  the  institution,  under  such  rules  and  regu- 
lations as  the  said  managing  board  shall  prescribe. 

SEC.  7977.  It  shall  be  the  duty  of  the  managing  board  of  each  of  the  institutions 
named  in  section  7975,  within  three  months  after  the  passage  of  this  act,  to  appoint 
an  institution  treasurer,  which  treasurer  shall  be  either  some  trustworthy  person 
residing  in  the  city  or  village  at  which  the  institution  is  located,  or  some  solvent 
national  or  State  bank  in  said  city  or  village  [except  the ' '  Soldiers'  Home  "] .  The 
said  treasurer  shall  give  bonds  in  such  sum  as  the  managing  board  shall  require, 
to  be  approved  by  said  managing  board  and  to  be  subject  to  the  approval  of  the 
public  examiner.  It  shall  be  the  duty  of  the  said  treasurer  to  hold  and  safely 
keep  all  public  funds  belonging  to  the  said  institution  which  may  conie  into  said 
treasury  from  any  source,  and  to  pay  out  the  same  only  on  written  orders  signed 
by  the  accounting  officer  of  the  institution  and  countersigned  by  a  member  of  the 
managing  board,  who  shall  have  been  authorized  by  vote  of  the  board  to  sign 
such  orders. 

SEC.  7979.  *  *  *  (b)  It  shall  be  the  duty  o£  the  accounting  officer  of  each 
institution  at  the  close  of  each  month,  or  oftener,  to  pay  over  to  the  institution 
treasurer  all  institution  funds  which  may  have  come  into  his  hands  from  sales  of 
public  property,  board  of  inmates,  labor  of  inmates,  or  from  other  sources,  and  at 
the  close  of  each  fiscal  quarter  to  draw  an  order  on  the  institution  treasurer  in 
favor  of  the  State  treasurer  for  the  amount  of  all  such  miscellaneous  receipts,  and 
at  the  same  time  to  forward  to  the  State  auditor  a  statement  of  the  amount  of  the 
same  and  the  sources  from  which  they  have  arisen,  (c)  It  shall  be  the  duty  of 
the  State  auditor  upon  receiving  such  statement  to  place  in  the  hands  of  the  State 
treasurer  a  draft  for  the  amount  upon  the  institution  treasurer,  specifying  the 
fund  to  which  the  same  is  to  be  credited,  and  upon  payment  of  such  draft  to  place 
the  amount  so  received  to  the  credit  of  said  institution,  adding  it  to  any  appropri- 
ations that  may  have  been  previously  made  by  the  legislature  for  the  said  institu- 
tion, distributing  it  to  the  several  appropriations  from  which  it  may  have  arisen 
or  to  the  current  expense  appropriation,  according  to  his  discretion. 

SEC.  7980.  It  shall  be  the  duty  of  the  accounting  officer  of  each  institution  referred 
to  above  to  prepare  a  duplicate  monthly  pay  roll  or  pay  rolls,  showing  the  serv- 
ices rendered  *  *  *  by  each  officer  and  employee  of  the  institution,  which  pay 
roll  shall  contain  the  receipt  of  said  officers  and  employees  for  the  orders  issued  to 
them  in  payment  for  their  services.  Services  rendered  or  labor  performed  by  per- 
sons other  than  officers  and  employees  shall  be  accounted  for  on  proper  vouchers 
made.  The  said  accounting  officer  shall  require  all  persons  selling  goods  or  sup- 

Slies  to  the  institution  to  furnish  with  such  goods  when  delivered  bills  or  invoices 
i  duplicate,  and  he  may  require  persons  who  furnish  goods  at  intervals  during 
the  month  to  furnish  also  a  detailed  statement  in  duplicate  at  the  close  of  the 
month.  The  said  bills  and  invoices  shall,  whenever  practicable,  be  made  upon 
the  billheads  or  blanks  used  by  such  persons  in  their  business:  Provided,  That  in 
cases  where  it  is  not  convenient  for  the  seller  to  furnish  such  bills  or  invoices,  the 
accounting  officer  may  make  out  such  bills  or  invoices  on  blanks  to  be  provided  by 
ihe  institution. 

<  leneral  Laws,  1895,  chapter  181:  SECTION  1.  The  teachers'  university  certificate 
issued  by  the  University  of  Minnesota  to  graduates  of  the  department  of  pedagogy 
in  said  university  shall  be  valid  as  a  certificate  of  the  first  grade  to  teach  in  the 
public  schools  of  the  State  of  Minnesota  for  a  period  of  two  years  from  date  of 
graduation. 

SEC.  2.  At  the  expiration  of  two  years  of  actual  teaching  the  certificate  of  such 
graduate  may  be  indorsed  by  the  president  of  the  university  and  the  superintendent 
of  public  instruction  upon  satisfactory  evidence  that  such  service  has  been  success- 
ful, and  such  indorsement  shall  make  said  certificate  a  permanent  certificate  of 


LAWS    RELATING    TO   LAND-GKANT    COLLEGES.  81 

qualification:  Provided,  That  said  indorsement  may  be  canceled  and  its  legal 
effect  annulled  by  the  superintendent  of  public  instruction  upon  satisfactory  evi- 
dence of  disqualification.  (Approved  April  11,  1895.) 

Ibid.,  1895,  chapter  366:  Appropriates  $60,000  for  "the  deficiencies  which  have 
occurred  in  the  current  expenses  of  this  institution  "  for  1893,  1894,  and  1895. 

Ibid.,  1897,  chapter  75:  SECTION  1.  Section  3768  [above]  is  amended  to  read  as 
follows:  "  There  shall  be  le.vied  annually  upon  the  taxable  property  of  the  State  a 
tax  of  1.23  mills,  to  be  known  as  the  '  State  school  tax,'  which  shall  be  collected  as 
other  taxes  are  collected,  of  which  the  proceeds  of  1  mill  shall  be  added  to  the 
general  school  fund,  which  together  shall  be  known  as  the  4  current  school  fund,' 
to  be  apportioned  as  hereinbefore  provided ,  and  the  proceeds  of  0. 23  mill  shall  be  for 
the  support  and  maintenance  of  the  University  of  Minnesota,  and  shall  be  added 
to  the  general  university  fund  and  be  payable  to  the  order  of  the  board  of  regents." 
(Approved  March  26,  1897.) 

Ibid.,  1897,  chapter  155:  SEC.  4.  [Appropriates  for  the  fiscal  year  ending  July 
31,  1897:  For  campus  improvements,  $2,500;  equipment  for  mechanical  and  elec- 
trical engineering  department,  $12,000.] 

SEC.  5.  [Appropriates  for  the  year  ending  July  31, 1898:  Equipment  of  medical 
building,  $13,000;  books,  $6,000.  School  of  agriculture:  Heating  and  lighting, 
$18,000;  dormitory  for  girls,  $25,000;  expenses  incident  to  establishing  coeduca- 
tion, $3,000.] 

SEC.  6.  [Appropriates  for  year  ending  July  31,1899:  For  books,  $6,000;  expenses 
incident  to  establishing  coeducation  in  the  school  of  agriculture,  $4,000.] 

Ibid.,  1899,  chapter  20:  SECTION  1.  Section  1  of  chapter  181  of  the  general  laws 
of  1895  be,  and  the  same  is  hereby,  amended  so  as  to  read  as  follows:  "  SECTION  1. 
The  teachers'  university  certificate  issued  by  the  University  of  Minnesota  to  gradu- 
ates of  the  department  of  pedagogy  in  said  university  shall  be  valid  as  a  certifi- 
cate of  the  first  grade  to  teach  in  the  public  schools  of  the  State  of  Minnesota  for 
a  period  of  two  years  from  its  date."  (Approved  February  25,  1899.) 

Ibid.,  1899,  chapter  283:  SEC.  5.  [Appropriates  to  State  university  for  year  end- 
ing July  31,  1899,  $5,000  for  repairs.  For  year  ending  July  31,  1900:  Repairs, 
$7,000;  anatomical  building,  $15,000;  clinical  building,  $15,000;  books,  $7,000.  For 
•  nding  July  31,  1901:  Repairs,  $5,000;  books,  $7,000;  physical  laboratory, 
$25,000;  alteration  of  buildings,  $40,000.] 

SEC.  6.  [Appropriates  to  school  of  agriculture  for  the  year  ending  July  31, 1900: 
Heating  plant,  $10,000;  horticultural  hall  and  physical  laboratory,  $35,000.] 

Ibid.,  1901,  chapter  25:  Sections  1  and  2  of  chapter  345  of  general  laws  of  1899 
[omitted  here  as  surplusage  in  view  of  what  follows  and  its  minor  relevancy  to 
this  inquiry]  be  amended  so  as  to  read  as  follows:  "  SECTION  1.  Any  person  who, 
being  at  the  time  a  resident  of  the  State  of  Minnesota,  enlisted  in  the  Army  of  the 
United  States  during  the  late  war  between  the  United  States  and  the  Kingdom  of 
Spain,  or  who  has  been  a  resident  of  the  State  of  Minnesota  for  the  past  fifteen 
years  and  is  a  veteran  of  the  late  civil  war,  and  who  was  honorably  discharged 
therefrom,  shall,  upon  complying  with  all  other  requirements  for  admission,  be 
entitled  to  pursue  any  course  or  courses  in  the  University  of  Minnesota  without 
expense  for  tuition." 

SEC.  2.  It  is  hereby  made  the  duty  of  the  board  of  regents  of  the  University 
of  Minnesota  to  accept  in  any  college,  school,  or  department  thereof,  any  student 
who  comes  within  the  definition  of  section  1  of  this  act,  without  any  charge  to 
said  student  for  tuition,  and  to  refund  to  any  student  who  may  come  under  the 
provisions  of  this  act  any  money  which  he  has  paid  in  as  tuition  since  his  dis- 
charge. (Approved  March  8,  1901.) 

Ibid.,  1901,  chapter  66:  The  board  of  regents  of  the  University  of  Minnesota,  as 
a  body  corporate  under  the  name  University  of  Minnesota,  is  hereby  expressly 
authorized  and  empowered  to  accept,  in  trust  or  otherwise,  any  gift,  grant,  bequest, 
or  devise  of  property,  real  or  personal  or  mixed,  for  educational  purposes,  and  to 
hold,  manage,  invest,  and  dispose  of  the  same  and  the  proceeds  thereof  and  the 
income  therefrom,  in  accordance  with  the  terms  and  conditions  of  such  gift, 
grant,  bequest,  or  devise,  and  of  the  acceptance  thereof,  any  law  of  the  State  of 
Minnesota  to  the  contrary  notwithstanding.  (Approved  March  16, 1901.) 

Ibid.,  1901,  chapter  170:  SECTION  1.  Any  person  resident  of  the  State  of  Min- 
nesota who  has  already  graduated  or  may  graduate  from  the  department  known 
as  the  school  for  the  blind,  connected  with  the  Minnesota  Institute  for  Defectives 
(located  at  Faribault,  Minn.,  or  elsewhere  in  said  State),  shall,  upon  complying 
with  all  other  requirements,  be  entitled  to  pursue  any  course  or  courses  in  the 
University  of  Minnesota  without  expense  for  tuition. 

ED  1903 6 


82  EDUCATION    KEPOKT,   1903. 

SEC.  2.  It  is  hereby  made  the  duty  of  the  board  of  regents  of  the  University  of 
Minnesota  to  receive' into  any  college,  school,  or  department  thereof,  and  to  furnish 
to  him  or  her  training  and  education  in  any  such  college,  school,  or  department, 
any  student  who  comes  within  the  definition  of  section  1  of  this  act  without  any 
charge  to  said  student  for  tuition.  • 

SEC.  3.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby  repealed. 
(Approved  April  9, 1901.) 

Ibid. ,  1901 ,  chapter  122:  SECTION  1.  The  governor  shall,  prior  to  the  adjournment 
of  this  session  of  the  legislature,  appoint,  by  and  with  the  consent  of  the  Senate, 
three  electors  of  the  State  as  members  of  a  board  to  be  known  as  a k '  board  of  control 
of  State  institutions."  Said  members  shall  hold  office,  as  designated  by  the  gov- 
ernor, for  two,  four,  and  six  years,  respectively.  Subsequent  appointments  shall 
be  made  as  above  provided,  and.  except  to  fill  vacancies,  shall  be  for  a  period  of 
six  years  and  until  their  successors  are  appointed  and  qualified.  The  board  shall 
at  all  times  be  subject  to  the  above  limitations  and  restrictions.  The  chairman  of 
the  board  for  each  biennial  period  shall  be  the  member  whose  term  first  expires, 
and  each  member  thereof  shall  receive  a  salary  of  $3,500  per  annum.  The  gov- 
ernor may  remove  any  member  of  the  board  for  malfeasance  or  nonf  easance  in  office , 
or  for  any  cause  that  renders  him  ineligible  to  appointment  or  incapable  or  unfit 
to  discharge  the  duties  of  his  office,  and  his  removal  when  so  made  shall  be  final. 
When  for  any  cause  a  vacancy  occurs,  the  governor  shall  appoint  an  elector  to  fill 
the  vacancy  for  the  unexpired  term,  subject,  how  ever,  to  the  action  of  the  senate 
when  next  in  session. 

SEC.  18.  *  *  *  The  board  of  control  shall  have  and  exercise  full  authority 
in  all  financial  matters  of  the  State  university,  the  State  normal  schools,  the  State 
public  school,  the  schools  for  the  deaf  and  the  blind.  The  said  board  of  control 
shall  disburse  all  public  moneys  of  the  several  institutions  named,  and  shall  have 
the  same  authority  in  the  expenditure  of  the  public  moneys  appropriated  therefor, 
as  in  the  other  institutions  named  in  this  bill,  except  as  hereinafter  otherwise  pro- 
vided, and  such  board  shall  appoint  a  purchasing  and  disbursing  officer  or  officers 
for  such  institutions.  Said  board  of  control  shall  also  have  supervision  of  the 
construction  of  all  buildings  and  betterments  erected  at  the  cost  of  this  State,  but 
shall  cooperate  with  the  local  boards  of  the  different  institutions  in  the  prepara- 
tion of  plans  and  specifications  therefor.  Such  board  of  control,  however,  shall 
not  have  control  or  authority  to  disburse  any  private  donations  or  bequests  made 
by  gift  or  devise  by  any  private  individual  to  any  educational  institution  of  this 
State,  but  said  private  gifts  or  donations  or  bequests  shall,  unless  otherwise 
directed  by  the  terms  of  such  gift  or  bequest,  be  applied  by  such  various  boards 
of  the  said  educational  institutions  to  the  use  proposed  by  the  terms  of  the  gift. 
But  the  various  boards  now  in  charge  of  the  several  educational  institutions  shall 
have  and  retain  the  exclusive  control  of  the  ganeral  educational  policy  of  said 
institution,  of  the  courses  of  study,  the  number  of  teachers  necessary  to  be 
employed,  and  -the  salaries  to  be  paid;  and  such  various  boards  shall  have  the 
exclusive  right  to  employ  or  dismiss  the  teachers  and  others  engaged  in  carrying 
on  the  functions  of  said  institutions  and  shall  also  have  the  exclusive  control  of 
the  grounds,  buildings,  and  other  public  property  of  their  several  institutions,  and 
of  all  other  matters  connected  with  said  institutions,  except  as  herein  specifically 
reserved  to  said  board  of  control.  All  contracts  with  employees  of  said  educa- 
tional institutions  and  a  concise  statement  of  all  supplies  needed  shall  be  reported 
by  the  board  in  charge  of  said  several  institutions  to  the  said  board  of  control,  and 
provision  shall  be  made  by  said  board  of  control,  by  suitable  rules,  for  the  pay- 
ment of  the  salaries  of  such  employees,  and  any  expenses  incurred  by  the  members 
of  said  local  board  for  the  purchase  of  all  necessary  supplies  by  such  purchasing 
agent  to  be  appointed  as  herein  provided,  as  in  the  case  of  the  other  public  insti- 
tutions of  this  State.  (Approved  April  2,  1901. ) 

Ibid.,  1901,  chapter  381:  SEC.  2.  [Appropriates  "For  usa  by  the  department  of 
agriculture  of  the  University  of  Minnesota  in  preparing,  printing,  and  distribut- 
ing such  leaflets,  charts,  and  other  lesson  helps  as  will  aid  and  encourage  the 
teachers  and  pupils  in  rural  schools  in  the  study  of  agricultural,  home  economics, 
and  rural  life  generally"  the  sum  of  $2,000  for  each  of  the  fiscal  years  ending 
July  31,  1902,  and  July  31,  1903.] 

Ssc.  8.  [Appropriates  to  the  University  of  Minnesota  for  the  year  ending  July 
31,  1901:  Buildings  and  equipment,  $17,600;  artesian  well,  $3,500.  For  the  year 
ending  July  31, 1902:  Buildings  and  equipment,  $110.000:  repairs.  $10,250;  library, 
$7.500;  boilers,  $8,200;  additional  current  expenses,  $35,000.  For  the  year  ending 
July  31,  1903:  Building  and  equipment,  $47,500;  repairs,  $8,000;  library,  $7.500; 
additional  current  expenses,  $35,000.] 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  83 

SEC.  9.  [Appropriates  for  the  school  of  agriculture  for  the  year  ending  July  31, 
1902:  Buildings  and  equipment,  $53,500,  For  the  year  ending  July  31,  1903: 
Buildings  and  equipment,  $25,000.1 

MISSISSIPPI. 

Constitution  (1890),  article  8:  SEC.  201.  It  shall  be  the  duty  of  the  legislature  to 
encourage  by  all  suitable  means  the  promotion  of  intellectual,  scientific,  moral, 
and  agricultural  improvement  by  establishing  a  uniform  system  of  free  public 
schools,  by  taxation  or  otherwise,  for  all  children  between  the  ages  of  five  and 
twenty-one  years,  and,  as  soon  as  practicable,  to  establish  schools  of  higher  grade. 

SEC.  208.  No  religious  or  other  sect  or  sects  shall  control  any  part  of  the  school 
or  other  educational  funds  of  this  State;  nor  shall  any  funds  be  appropriated 
toward  the  support  of  any  sectarian  school  or  to  any  school  that  at  the  time  of 
receiving  such  appropriation  is  not  conducted  as  a  free  school. 

SEC.  213.  The  State  having  received  and  appropriated  the  land  donated  to  it  for 
the  support  of  agricultural  and  mechanical  colleges  by  the  United  States,  and 
having,  in  furtherance  of  the  beneficent  design  of  Congress  in  granting  said 
land,  established  the  Agricultural  and  Mechanical  College  of  Mississippi  and  the 
Alcorn  Agricultural  and  Mechanical  College,  it  is  the  duty  of  the  State  to  sacredly 
carry  out  the  conditions  of  the  act  of  Congress  upon  the  subject,  approved  July  2, 
1862,  and  the  legislature  shall  preserve  intact  the  endowments  to  and  support 
said  colleges. 

[The  following  matter  is  taken  from  The  Annotated  Code  of  the  General  Statute  Laws  of 
the  State  of  Mississippi,  prepared  by  B.  H.  Thompson,  Geo.  E.  Dillard,  and  R.  B.  Campbell, 
Nashville,  Tenn.,  1892.  J 

SEC.  11.  The  college  as  incorporated  by  an  act  of  the  legislature,  approved  Feb- 
ruary 28,  1878,  by  the  name  of  the  "  Agricultural  and  Mechanical  College  of  Mis- 
sissippi," and  established  in  pursuance  of  that  act,  shall  continue  to  exist  as  a 
body  politic  and  corporate  by  the  name  of  the  "  Mississippi  Agricultural  and 
Mechanical  College,"  with  all  its  property  and  the  franchises,  rights,  powers,  and 
privileges  conferred  on  it  by  law,  or  properly  incident  to  such  a  body  and  neces- 
sary to  accomplish  the  purpose  of  its  creation;  and  may  receive  and  hold  all  real 
and  personal  property  conveyed  to  it  for  such  purpose. 

Si.c.  12.  The  government  of  said  college  shall  be  in  a  board  of  nine  trustees,  a 
majority  of  whom  shall  be  practical  agriculturists  or  mechanics,  appointed  by 
the  governor  of  the  State  by  and  with  the  advice  and  consent  of  the  senate,  who 
shall  continue  in  office  for  six  years,  and  until  successors  are  appointed;  and  the 
trustees  shall  be  ineligible  to  succeed  themselves  more  than  once. 

SEC.  13.  The  present  trustees  shall  continue  according  to  their  terms,  and  until 
successors  shall  be  appointed.  As  the  terms  of  said  trustees  shall  expire  their  suc- 
cessors shall  be  appointed  by  the  governor,  by  and  with  the  advice  and  consent  of 
the  senate.  They  shall  hold  for  six  years,  and  until  their  successors  shall  be 
appointed. 

SEC.  14.  In  case  of  vacancies  in  the  board  of  trustees  during  a  period  when  the 
senate  is  not  in  session,  the  governor  may  make  appointments  to  fill  the  vacancies 
until  the  senate  shall  meet,  and,  thereafter,  during  the  session  of  the  senate  until 
successors  shall  be  appointed. 

SEC.  15.  A  majority  of  the  board  of  trustees  shall  constitute  a  quorum  for  the 
transaction  of  business. 

SEC.  16.  The  governor  of  the  State,  by  virtue  of  his  office,  shall  be  the  president 
of  the  board  of  trustees,  but  in  his  absence  a  president  pro  tempore  may  be 
appointed  by  the  board. 

SEC.  17.  The  trustees  may  receive  their  actual  expenses  incurred  in  attending  any 
of  the  meetings  of  the  board,  to  be  paid  out  of  any  money  belonging  to  the  college. 

SEC.  18.  The  board  of  trustees  shall  possess  all  the  power  necessary  and  proper 
for  the  accomplishment  of  the  purpose  of  the  trust  reposed  in  it,  viz:  The  estab- 
lishment and  maintenance  of  a  first-class  institution,  at  which  the  white  youth  of 
the  State  may  acquire  a  common  school  education,  and  a  scientific  and  practical 
knowledge  of  agriculture,  horticulture,  and  the  mechanic  arts,  and  such  other 
subjects  of  knowledge  as  may  be  suitable  and  embraced  in  the  course  of  study  and 
practice  prescribed  by  authority  of  the  board  of  trustees;  and  it  may  adopt  all  such 
by-laws  and  regulations  as  it  may  deem  expedient  for  this  purpose  not  repugnant 
to  the  constitution  and  laws  nor  inconsistent  with  the  object  for  which  said  col- 
lege is  established;  and  it  shall  do  whatever  is  necessary  for  the  successful  opera^ 
tion  of  said  college  according  to  the  purpose  of  its  establishment. 


84  EDUCATION   KEPOET,  1903. 

SEC.  19.  The  interest  arising  from  the  proceeds  of  the  fund  known  as  the  "Agri- 
cultural land  scrip  fund"  is  appropriated  and  devoted,  to  the  extent  of  one-half 
of  it,  to  said  college,  and  may  be  drawn  from  the  treasury  upon  warrant  of  the 
auditor,  to  be  issued  upon  the  requisitions  of  the  treasurer  from  time  to  time  as  such 
interest  may  accrue  and  be  wanted  for  the  use  of  the  college. 

SEC.  20.  Tuition  shall  be  free  in  all  branches  to  students  of  the  State  for  four 
years  to  each  and  not  longer,  and  the  trustees  shall  fix  the  amount  of  tuition  to  be 
paid  by  students  of  this  State  after  four  years  of  free  tuition  and  by  students 
from  other  States  or  countries.  (Amended  by  laws,  1896,  chap.  113,  q.  v.) 

SEC.  21.  The  privilege  of  rooming  in  the  dormitories  belongs  to  the  free  students, 
and  to  the  due  quota  of  students  from  each  county  in  preference  to  all  others. 

SEC.  22.  The  right  belongs  to  each  county  to  have  a  number  of  students  admitted 
proportionate  to  its  number  of  white  educable  males  compared  with  the  whole 
number  in  the  State. 

SEC.  23.  The  apportionment  shall  be  made  and  announced  by  the  president  of 
the  college  annually  and  communicated  to  the  superintendents  of  education  of  the 
counties. 

SEC.  25.  The  certificate  of  selection  shall  be  attested  by  the  clerk  of  the  board  of 
supervisors,  under  its  seal,  and  shall  entitle  the  holder  to  admission  into  the  college 
with  all  its  privileges  to  pursue  all  its  industrial  branches  selected,  and  to  enter 
the  subclass  or  class  for  which  he  is  fitted. 

SEC.  26.  The  board  of  trustees  shall  cause  to  be  reported  biennially  to  the  legis- 
lature, during  the  first  week  of  every  regular  and  special,  not  extraordinary,  ses- 
sion thereof,  how  the  money  appropriated  to  the  college  has  been  expended,  show- 
ing the  salaries  paid  to  all  professors  and  employees,  and  generally  each  and  every 
item  of  expense;  and  if  any  property  belonging  to  the  State  or  the  college  is  used  for 
profit,  the  reports  shall  show  the  expenses  incurred  in  managing  the  property  and 
the  amount  received  therefrom. 

SEC.  27.  The  money  received  by  this  State  under  act  of  Congress  entitled  "An 
act  to  establish  agricultural  experiment  stations,"  etc.,  approved  March  2,  1887, 
and  the  provisions  of  which  were  accepted  by  this  State  by  act  approved  January 
31, 1888,  and  assigned  to  said  college,  shall  be  expended  under  its  direction,  and  the 
agricultural  experiment  station  for  this  State  is  established  at  and  with  said  col- 
lege, and  the  board  of  trustees  shall  have  full  control  thereof. 

SEC.  28.  The  Alcorn  Agricultural  and  Mechanical  College  of  Mississippi,  created 
by  an  act  approved  February  28,  1878,  for  the  education  of  the  colored  youth  of 
the  State,  shall  continue  as  a  body  politic  and  corporate  for  that  purpose. 

SEC.  29.  Except  as  stated  to  the  contrary  in  the  next  section,  all  the  provisions 
of  the  chapter  entitled  "Agricultural  and  mechanical  college  "  shall  be  applicable, 
the  necessary  changes  being  made,  to  the  "Alcorn  Agricultural  and  Mechanical 
College,"  which  shall  be  entitled  to  receive  for  its  support  one-half  of  the  interest 
on  the  fund,  the  other  half  of  which  is  devoted  to  the  agricultural  and  mechan- 
ical college. 

SEC.  30.  The  sections  of  the  chapter  relating  to  the  ' '  agricultural  and  mechanical 
college  "  [sees.  20-25,  and  27 J  on  the  subject  of  the  number  of  students  entitled  to 
free  tuition  therein,  and  on  the  subject  of  apportioning  the  same  among  the  several 
counties  of  the  State,  and  dormitory  privileges,  and  on  the  subject  of  the  agricul- 
tural experiment  station,  shall  not  apply  to  Alcorn  Agricultural  and  Mechanical 
College. 

SEC.  2065.  The  term  "fertilizer,"  as  used  herein,  includes  all  substances,  chemi- 
cals, and  compounds  commonly  known  as  commercial  fertilizers,  and  all  manures, 
except  animal  excrement,  cotton  seed,  and  unmixed  cotton-seed  products,  whether 
natural  or  artificial  products. 

SEC.  2066.  The  professor  of  chemistry  at  the  agricultural  and  mechanical  col- 
lege is  State  chemist,  and  all  fertilizers  shall  be  analyzed  by  him;  and  his  certifi- 
cate of  analysis,  stating  the  percentage  therein  of  nitrogen  in  an  available  form, 
of  potash  soluble  in  water,  and  of  phosphoric  acid  in  an  available  form,  soluble  or 
reverted,  and  of  insoluble  phosphoric  acid,  shall  be  posted,  and  kept  posted  in  a 
conspicuous  manner  at  every  place  where  fertilizers  are  sold. 

SEC.  2068.  Before  offering  any  fertilizer  for  sale  the  manufacturer,  producer,  or 
seller  shall  furnish  to  the  State  chemist  a  certificate  of  the  manufacturer  or  pro- 
ducer, showing  the  component  parts  thereof,  and  a  fair  sample  of  it,  not  less  than 
one  pound,  sealed  up  in  a  glass  jar;  and  the  chemist  shall  analyze  it  and  give  his 
certificate  thereof,  and  shall  furnish  the  necessary  number  of  tags.  He  shall  also 
from  time  to  time  secure  samples  from  packages  offered  for  sale  or  sold,  analyze 
the  same,  and  record  the  analyses. 

SEC.  2069.  The  State  chemist  shall  also  analyze  all  fair  samples  of  fertilizers 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  85 

properly  certified  and  prepared  which  may  be  furnished  to  him  by  farmers  and 
other  purchasers  for  use  free  of  charge,  and  shall  give  a  certificate  thereof. 

SEC.  2070.  The  certificate  of  analysis  of  the  State  chemist  shall  be  evidence  of 
the  percentage  of  valuable  elements  in  any  fertilizer  analyzed  by  him. 

SEC.  2071.  The  State  chemist  shall  have  prepared  a  sufficient  number  of  tags,  of 
suitable  material  and  form,  with  proper  fastenings  for  attaching  to  packages,  and 
having  printed  thereon  the  word  "  guaranteed,"  with  the  year  of  sale,  number  of 
the  tag,  and  a  facsimile  of  his  signature.  Any  person  who  shall  counterfeit  a  fer- 
tilizer tag,  or  who  shall  use  one  not  sold  to  him  by  the  State  chemist,  or  who  shall 
nse  one  a  second  time,  shall  be  guilty  of  forgery. 

SEC.  2072.  The  State  chemist  shall  charge  and  collect  for  the  analysis  of  each 
brand  of  fertilizer  the  sum  of  $15,  and  for  enough  tags  for  one  ton  of  fertilizer  30 
cents. 

SEC.  2073.  The  fees  received  by  the  State  chemist  shall  be  deposited  with  the 
treasurer  of  the  agricultural  and  mechanical  college,  and  shall  be  expended  under 
the  direction  of  the  board  of  trustees  in  defraying  the  expenses  of  analyzing  fer- 
tilizers, the  preparation  of  tags,  and  otherwise,  as  the  board  shall  allow  or  direct. 

SEC.  2074.  The  certificate  of  the  State  chemist  shall  be  good  for  one  year,  if  no 
fraud  or  deception  be  practiced  in  obtaining  it,  and  an  analysis  of  each  brand  of 
fertilizer  must  be  made  every  year  or  season. 

SEC.  2075.  The  State  chemist  shall  record  in  a  suitable  book  the  result  of  every 
analysis  of  a  fertilizer  made  by  h'im. 

Laws,  1892,  chapter  45:  SECTION  1.  The  State  of  Mississippi  hereby  accepts  the 
provisions  of  act  of  Congress  entitled  "An  act  to  apply  a  portion  of  the  [proceeds 
of  the]  public  lands  to  the  more  complete  endowment  and  support  of  colleges  for 
the  benefit  of  agriculture  and  mechanic  arts,  established  under  provisions  of  an 
act  of  Congress  approved  July  2,  1862."  which  act  was  approved  August  30,  1890. 

SEC.  2.  The  money  received  by  this  State  under  the  aforesaid  act  shall  be 
expended  under  the  direction  of  the  Agricultural  and  Mechanical  College  of  this 
State,  situated  near  Stark ville,  for  whites,  and  the  Alcorn  Agricultural  and 
Mechanical  College,  situated  near  Rodney,  for  colored;  and  the  funds  received 
under  aforesaid  act  shall  be  divided  between  aforesaid  agricultural  colleges  for 
white  and  colored  in  the  proportion  that  the  whole  number  of  educable  children 
in  the  State  of  each  race  bears  to  the  whole  number  of  educable  children  of  both 
races.  (Approved  March  30.  1892.) 

Laws.  LSI)  I,  chapter  12:  Appropriates  to  Agricultural  and  Mechanical  College 
$22,500  for  1894  and  the  same  amount  for  1895,  and  provides  further,  "that  the 
interest  on  the  agricultural  land-scrip  fund  belonging  to  said  college  be  paid  in 
addition  to  the  above  sums,  provided  that  the  president,  professors,  officers,  and 
employees  shall  receive  as  salary  or  compensation  from  the  State  10  per  cent  less 
than  the  amounts  paid  them  by  the  State  for  the  year  1893." 

Ibid.,  1894,  chapter  14:  Appropriates  to  Alcorn  Agricultural  and  Mechanical 
College  $7,000  for  the  year  1894  and  the  same  amount  for  the  year  1895,  also  $1,500 
for  repairs,  "  provided  that  the  amounts  shall  include  interest  on  the  agricultural 
land-scrip  fund  for  each  year." 

Laws,  1896,  chapter  115:  SECTION  1.  That  the  State  superintendent  of  education 
be,  and  is  hereby,  made  a  trustee  ex  officio  of  the  State  University,  the  Agricultural 
and  Mechanical  College,  the  Industrial  Institute  and  College,  the  State  Normal 
School,  and  Alcorn  Agricultural  and  Mechanical  College.  And  he  shall  have  the 
same  powers  and  perform  the  same  duties  as  other  trustees  of  said  institutions  of 
learning.  (Approved  March  23,  1896.) 

Laws,  1896,  chapter  13:  [Appropriates  to  Alcorn  Agricultural  and  Mechanical 
College  for  the  year  1896:  Building,  $7,000;  repairs,  $1,000;  insurance  for  three 
years,  $1,505.  For  1897:  Three  cottages,  $3,000;  repairs,  $1,000.] 

Ibid. ,  1896 :  [Appropriates  to  Agricultural  and  Mechanical  College  $22,500  for  the 
year  1896  and  the  same  amount  for  1897,  in  addition  to  the  interest  on  the  agricul- 
tural land-scrip  fund;  also,  for  repairs,  $5,000.] 

Ibid.,  1896,  chapter  42:  That  the  State  treasurer  be,  and  he  is  hereby,  authorized 
and  required  to  have  prepared  without  delay  bonds  of  the  State  of  Mississippi  in 
an  amount  equal  to  the  agricultural  college  fund  now  in  the  State  treasury, 
maturing  on  the  1st  day  of  January,  1896,  and  which  now  bear  interest  at  the  rate 
of  5  per  cent  per  annum.  Said  bonds  to  be  issued  in  denominations  of  $1,000,  and 
shall  be  signed  by  the  governor  and  countersigned  by  the  treasurer.  All  the 
bonds  and  other  evidences  of  State  indebtedness  now  in  the  treasury  on  account 
of  the  said  agricultural  college  fund,  amounting  to  $212,150,  shall  be  immediately 
canceled  and  destroyed,  and  a  record  kept  by  the  treasurer  of  the  bonds  so 
destroyed,  and  said  treasurer  shall  report  the  facts  to  the  legislature  of  1898,  and 
the  bonds  provided  for  in  this  section  shall  be  substituted  thorefor. 


86  EDUCATION    REPORT,  1903. 

SEC.  2.  That  said  bonds,  as  herein  provided  for,  shall  bear  interest  at  t^e  rate 
of  6  per  cent  per  annum  as  now  fixed  by  lav/,  from  January  1 .  1890.  ami  .shall 
mature  on  January  1, 1928:  Provided,  The  State  reserves  the  right  to  take  up  and 
retire  said  bonds  after  January  1, 1900. 

Ibid. ,  1896,  chapter  113:  Section  20  of  the  annotated  code  of  Mississippi  is  hereby 
amended  so  as  to  read  as  follows:  Tuition  shall  be  free  in  all  branches  to  students 
of  this  State  for  five  years. 

SEC.  2.  Section  24  is  hereby  amended  so  as  to  read  as  follows:  The  superinten- 
dent of  each  county,  after  due  notice  published,  with  the  consent  of  the  board  of 
supervisors,  shall  give  certificates  of  selection  to  the  number  of  students  to  which 
the  county  is  entitled,  and  this  in  addition  to  those  already  in  the  college,  if  any, 
and  this  selection  of  new  students  shall  be  made  by  drawing. 

Ibid.,  1898,  chapter  15:  [Appropriates  to  Agricultural  and  Mechanical  College 
$20,500  and  the  interest  on  the  "  agricultural  land-scrip  fund,"  $5,914.50,  for  1898; 
also  the  same  amounts  for  1899,  and  $4,090  for  repairs,  etc.] 

Ibid.,  1898,  chapter  16:  [Appropriates  to  Alcorn  Agricultural  and  Mechanical 
College  for  1898,  $12,000  and  $6,814.50  as  interest  on  agricultural  land-scrip  fund; 
for  1899,  $9,000  and  the  interest,  $6,814.50,  on  the  agricultural  land-scrip  fund.] 

Ibid. ,  1898,  chapter  46:  SECTION  1.  The  grant  of  land  to  the  State  for  the  benefit  of 
the  Agricultural  and  Mechanical  College  of  Mississippi  and  the  Agricultural  and 
Mechanical  College  for  colored  persons  of  Mississippi,  by  an  act  of  Congress  of  the 
United  States,  approved  February  20, 1895,  entitled  "An  act  for  the  encouragement 
of  education  in  the  State  of  Mississippi,"  the  same  being  the  one  hundred  and  sixth 
chapter  of  the  United  States  Statutes  at  Large,  of  the  third  session  of  the  Fifty- 
third  Congress,  volume  28,  is  hereby  accepted. 

[The  act  of  Congress  referred  to  reads  as  follows:  The  governor  of  the  State  of  Mississippi  is 
hereby  authorized  to  select  out  of  the  unoccupied  and  uninhabited  lands  of  the  United  States 
within  the  said  State,  4(5,080  acres  of  land,  in  legal  subdivisions,  being  a  total  equivalent  to  two 
townships,  and  shall  certify  the  same  to  tho  Secretary  of  the  Interior,  who  shall  forthwith,  upon 
the  receipt  of  said  certificate,  issue  to  the  State  of  Mississippi  patents  for  said  lands:  Provided. 
That  the  proceeds  of  one  township  of  said  lands,  when  sold  or  leased  shall  forever  remain  a  fund 
for  the  use  of  the  Agricultural  and  Mechanical  College  of  said  State;  and  the  proceeds  of  one 
of  said  townships  of  land,  when  sold  or  leased,  shall  forever  remain  a  fund  for  the  use  of  the 
Agricultural  and  Mechanical  College  for  colored  persons  established  and  maintained  by  said 
State. 

SEC.  2.  In  making  said  selection  the  governor  of  said  State  of  Mississippi  shall  designate  the 
lands  for  the  Agricultural  and  Mechanical  College  and  the  lands  for  the  Agricultural  and  Mechan- 
ical College  for  colored  persons.] 

SEC.  2.  The  State  land  commissioner  shall  record  in  his  office  the  patents  and 
lists  of  said  lands  issued  to  the  State  by  the  United  States,  said  lists  to  be  recorded 
in  a  tract  book;  and  his  certified  transcript  of  the  records  thereof  shall  be  compe- 
tent evidence  in  any  court  or  legal  proceedings  in  this  State;  and  when  so  recorded 
the  patent  and  list  of  the  Agricultural  and  Mechanical  College  lands  shall  be  turned 
over  to  its  trustees,  and  the  patent  and  list  of  the  Alcorn  Agricultural  and  Mechan- 
ical College  lands  shall  be  turned  over  to  its  trustees. 

SEC.  3.  The  board  of  trustees  of  said  Agricultural  and  Mechanical  College  are 
hereby  authorized  to  sell  said  lands  patented  to  the  State  for  its  use  under  said 
act  of  Congress,  or  any  part  thereof,  for  cash,  as  in  their  judgment  is  for  the 
best  interest  of  said  college;  or  to  lease  the  same  for  a  period  not  exceeding  thirty 
years,  or  to  sell  or  dispose  of  the  timber  thereon  to  the  best  advantage  of  said  col- 
lege; and  the  proceeds  of  all  such  sales  or  leases  of  said  lands  or  sales  of  said  tim- 
ber, made  under  this  act  shall  be  paid  into  the  State  treasury  and  shall  there  be 
credited  to  said  Agricultural  and  Mechanical  College,  and  shall  there  forever 
remain  a  fund  for  the  use  of  said  college,  and  the  interest  to  be  paid  to  it  by  the 
State,  all  under  and  in  accordance  with  section  212  of  the  State  constitution.  And 
the  board  of  trustees  of  the  Alcorn  Agricultural  and  Mechanical  College  shall 
have  like  authority  as  to  the  lands  patented  to  the  State  under  said  act  of  Con- 
gress for  the  benefit  of  the  Agricultural  and  Mechanical  College  for  colored  per- 
sons, and  the  proceeds  of  said  lands  or  the  timber  thereon  shall  be  paid  into  the 
State  treasury  for  the  use  of  said  college,  under  and  in  accordance  with  said  sec- 
tion of  the  State  constitution. 

SEC.  4.  A  patent  in  the  usual  form,  signed  by  the  land  commissioner,  counter- 
signed by  the  governor  and  attested  by  the  secretary  of  state,  with  the  great  seal  of 
the  State  affixed,  shall  invest  the  purchaser  or  lessee  of  said  lands  or  the  purchaser 
of  the  timber  or  trees  thereon  with  title,  according  to  the  terms  of  said  patent; 
and  such  patent  shall  be  executed  upon  the  order  of  the  board  of  trustees  of  the 
Agricultural  and  Mechanical  College  as  to  the  lands  patented  to  the  State  by  the 
United  States  for  the  benefit  of  said  college  under  said  act  of  Congress:  and  such 
patent  shall  be  executed  as  to  the  lands  patented  to  the  State  for  the  use  of  said 
Agricultural  and  Mechanical  College  for  colored  persons  upon  the  order  of  the 


LAWS    RELATING    TO    LAND-GKANT    COLLEGES.  87 

board  of  trustees  of  said  Alcorn  Agricultural  and  Mechanical  College.  And  said 
land  commissioner  shall  keep  a  record  of  each  sale  or  lease  made  under  this  stat- 
ute upon  the  tract  book  upon  which  the  list  of  lands  is  recorded  in  each  instance, 
respectively. 

SEC.  5.  The  provisions  of  this  act  shall  apply  to  any  and  all  lands  that  may  be 
hereafter  selected  and  located  by  the  governor  and  patented  to  the  State  under 
said  act  of  Congress. 

"VIbid.,  1900,  chapter  61:  SECTION  1.  The  board  of  trustees  of  the  Mississippi 
Agricultural  and  Mechanical  College,  located  at  or  near  Starkville,  are  hereby 
authorized  to  establish  a  branch  agricultural  experiment  station  at  some  point  in 
the  State  south  of  the  tier  of  counties  on  the  line  of  the  Alabama  and  Vicksburg 
Railroad,  and  in  what  is  known  as  the  piney  woods  region  of  the  State.  The  said 
board  of  trustees  are  authorized  to  accept  donations  of  lands,  lumber,  agricultural 
implements,  fertilizers,  money,  notes  or  other  obligations,  or  any  property  or 
thing  that  may  be  of  use  in  establishing  and  operating  said  experiment  station. 

SEC.  2.  The  station  herein  provided  for  shall  be  a  tract  of  land  of  not  less  than 
200  acres  and  shall  only  be  located  where  suitable  land  is  donated  and  conveyed 
to  the  trustees  for  that  purpose,  and  if  lands  in  excess  of  200  acres  are  donated, 
the  said  board  of  trustees  may,  in  their  discretion,  sell  the  same  and  apply  the 
proceeds  to  the  improvement  of  the  land  retained  and  used  for  said  experiment 
station. 

SEC.  3.  In  locating  said  station  the  said  trustees  shall  consider  the  natural 
advantages,  the  health  and  convenience  to  a  shipping  point,  and  the  amount  pro- 
posed to  be  donated  by  any  locality  or  localities,  and  all  other  matters  that  may 
be  of  material  advantage  in  the  working  of  the  same. 

Ibid.,  1900,  chapter  18:  SECTION  1.  A  textile  school  is  established  in  connection 
with  the  agricultural  and  mechanical  college,  where  young  men  and  women  may 
be  educated  in  the  art  of  manufacturing  textile  fabrics  and  where  they  may  acquire 
a  practical  as  well  as  theoretical  and  scientific  knowledge  of  the  art  of  manufac- 
turing textile  fabrics,  and  especially  those  made  from  cotton,  or  cotton  and  wool 
combined,  including  dyeing,  designing  and  drawing. 

SEC.  2.  It  shall  bo  the  duty  of  the  board  of  trustees  to  cause  to  be  erected  the 
necessary  building  for  the  motive  power  and  machinery  of  the  factory  building, 
for  the  accommodation  of  not  more  than  100  pupils,  and  a  dormitory  building  to 
accomodate  a  like  number,  and  to  supply  the  factory  building  with  the  necessary 
motive  power  of  steam  or  electricity,  in  their  discretion,  and  all  other  necessary 
machinery  and  appliances  for  manufacturing  cotton  and  such  other  fabrics  as  may 
be  agreed  upon  by  the  faculty  and  approved  by  the  trustees,  and  also  for  dyeing, 
having  in  view  the  purpose  of  this  act  as  denned  in  the  first  section  thereof,  and 
especially  that  relating  to  the  manufacture  of  cotton  fabrics. 

SEC.  3.  It  shall  be  the  duty  of  the  board  of  trustees  when  said  buildings  have 
been  erected  and  equipped  as  provided  for  in  this  act  to  elect  a  competent  and  effi- 
cient director  of  the  textile  school,  who  shall  become  thereby  a  member  of  the 
faculty  of  the  said  agricultural  and  mechanical  college,  and  shall  receive  such 
salary  as  may  be  fixed  by  the  board  of  trustees.  They  shall  likewise  employ  or 
authorize  the  employment  of  such  assistants  in  the  various  departments  thereof  as 
may  be  necessary  to  the  thorough  and  efficient  training  and  instruction  of  the  stu- 
dents. The  course  of  study  shall  be  prescribed  b^the  faculty,  with  the  approval 
of  the  board  of  trustees,  and  shall  embrace  carding,  spinning,  weaving,  dyeing, 
harmony  of  colors,  designing,  drawing,  fabric  analysis  and  calculations,  and  such 
other  branches  as  maybe  prescribed.  There  shall  bo  a  special  course  on  the  man- 
ufacture of  cotton  fabrics  alone. 

SEC.  4.  No  pupil  shall  bo  admitted  to  the  textile  school  who  is  under  15  years 
of  age;  and  each  pupil  applying  for  admission  shall  be  examined  under  rules  to  be 
prescribed  by  the  faculty  as  to  character,  intelligence,  and  learning,  and  they  shall 
be  governed  by  the  rules  and  regulations  prescribed  for  the  government  of  said 
college,  the  trustees  of  which  shall  also  fix  and  regulate  the  fees,  cost,  and  term  of 
course  of  said  textile  department. 

SEC  5.  The  raw  material  to  be  manufactured  in  the  course  of  study  shall  be  pur- 
chased by  the  president  of  the  faculty,  or  under  his  direction,  provided  that  raised 
on  the  college  farm  shall  be  insufficient  in  quantity  or  quality.  The  fabrics  manu- 
factured by  the  school  shall  be  sold  by  the  president  of  the  faculty,  and  the  pro- 
ceeds thereof  and  also  all  tuition  foes  shall  be  paid  into  the  college  treasury  to  the 
credit  of  the  textile  school,  and  full  reports  made  thereof  annually  to  the  board  of 
trustees. 

SEC.  6.  The  board  of  trustees  shall  have  authority  to  grant  diplomas  and  certifi- 
cates of  proficiency  upon  the  recommendation  of  the  director  of  the  textile  school 
and  a  majority  of  the  faculty. 

X<TB  R  A  ^ 

f  OF  THE 

(    UNIVERSITY 


88  EDUCATION   EEPOET,  1903. 

SEC.  7.  The  sum  of  $40,000,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated  out  of  any  moneys  in  the  treasury  not  otherwise  appropriated,  to 
enable  the  board  of  trustees  to  carry  out  the  provisions  of  this  act.  The  said  sum 
herein  appropriated  may  be  drawn  from  the  State  treasury  upon  the  warrant  of 
the  auditor  of  public  accounts,  issued  upon  the  written  request  of  the  president  of 
said  college,  approved  by  the  governor. 

Ibid.,  chapter  17:  [Appropriates  to  agricultural  and  mechanical  college  $25,719 
for  the  year  1900  and  a  like  sum  for  the  year  1901,  in  addition  to  the  annual 
interest  on  the  agricultural  land-scrip  fund,  for  new  buildings,  etc.,  and  $1,000  for 
farmers'  institutes.] 

Ibid. ,  chapter  19:  [Appropriates  to  Alcorn  Agricultural  and  Mechanical  College 
$8,000  for  the  year  1900  and  a  like  sum  for  1901.  in  addition  to  interest  on  agricul- 
tural land-scrip  fund;  also  $5,850  for  repairs,  etc.  In  addition  for  each  year  the 
interest  on  $96,296.27,  the  proceeds  of  sale  of  college  lands,  chapter  46,  acts  1898, 
$5,777.77.] 

Ibid.,  chapter  57:  The  board  of  control  is  hereby  directed,  subject  to  the 
approval  of  the  governor,  to  purchase  an  artesian  well-boring  outfit,  out  of  any 
money  in  the  hands  of  said  board,  not  to  exceed  $1,500,  and  that  said  outfit  shall 
be  used  to  sink  wells  on  the  farms  now  belonging  to  or  to  become  the  property 
of  the  State,  and  on  rented  farms,  provided  the  owners  shall  pay  for  the  same, 
or  upon  the  farms  of  any  citizen  where  the  board  is  paid  for  the  service  by  the 
citizen,  when  not  otherwise  needed  by  the  State,  and  that  the  boards  of  trustees 
of  the  several  State  institutions,  and  especially  of  the  lunatic  asylum  at  Jackson, 
the  State  university  at  Oxford,  the  agricultural  and  mechanical  college  at  Stark- 
ville,  etc.,  are  hereby  authorized  to  contract  immediately  and  pay  out  of  their  sev- 
eral appropriations,  with  the  board  of  control,  for  the  boring  of  such  wells,  at  actual 
cost  of  the  labor  and  material,  but  no  cost  for  the  use  of  the  outfit,  subject  to  the 
approval  of  the  governor,  for  the  sinking  of  wells  at  these  several  instutions. 

Ibid.,  1902,  chapter  21:  [Appropriates  to  agricultural  and  mechanical  college 
$48,272.41,  as  support  fund  for  1902,  and  a  like  amount  for  1903;  appropriates  also 
$56,500  for  buildings;  $23,230  for  additional  equipment:  $3,000  for  farmers'  insti- 
tutes; $2,000  for  student  labor  account,  and  $100  for  Y.  M.  C.  A.] 

Ibid.,  1902,  chapter  20:  [Appropriates  $26, 320. 14  "  for  the  purpose  of  reimburs- 
ing the  trustees  of  the  agricultural  college  for  the  excess  of  money  spent  by  them 
in  building  and  equipping  the  textile  school."] 

Ibid.,  1902,, chapter  20:  [Appropriates  to  the  Alcorn  Agricultural  and  Mechani- 
cal College  $8,000,  as  support  fund  and  $750  for  repair  of  buildings  for  each  of  the 
years  1902  and  1903.  Appropriates  for  1902:  For  insurance,  $2,250;  for  purchase 
of  stock,  $500;  for  completing  and  equipping  new  dormitory,  $13,000;  for  shops 
and  machinery  and  tools,  $10,000.] 


MISSOURI. 

Constitution  (1875),  ARTICLE  XI:  SEC.  5.  The  general  assembly  shall,  whenever  the 
public  school  fund  will  permit  and  the  actual  necessity  of  the  same  may  require,  aid 
and  maintain  the  State  university,  now  established,  with  its  present  departments. 

i  The  government  of  the  State  university  shall  be  vested  in  a  board  of  curators,  to 

'  consist  of  nine  members,  to  be  appointed  by  the  governor,  by  and  with  the  advice 
and  consent  of  the  senate. 

|  SEC.  11.  Neither  the  general  assembly  nor  any  county,  city,  town,  township, 
school  district,  or  other  municipal  corporation  shall  ever  make  an  appropriation  or 

I  pay  from  any  public  fund  whatever  anything  in  aid  of  any  religious  creed,  church, 
or  sectarian  purpose,  or  help  to  support  or  sustain  any  private  or  public  school, 
academy,  seminary,  college,  university,  or  other  institution  of  learning  controlled 
by  any  religious  creed,  church,  or  sectarian  denomination  whatever;  nor  shall 
any  grant  or  donation  of  personal  property  or  real  estate  ever  be  made  by  the 
State,  or  any  county,  city,  town,  or  other  municipal  corporation  for  any  religious 
creed,  church,  or  sectarian  purpose  whatever. 

'  [The  following  matter  is  taken,  unless  otherwise  specified,  from  "  The  Revised  Statutes  of  the 
State  of  Missouri,  1899,  Revised  and  Promulgated  by  the  40th  General  Assembly,"  2  vols.,  Jeffer- 
son City,  Mo.] 

SEC.  10465.  A  university  is  hereby  instituted  in  this  State,  the  government 
whereof  shall  be  vested  in  a  board  of  curators. 

SEC.  10466.  The  university  is  hereby  incorporated  and  created  a  body  politic, 
and  shall  be  known  by  the  name  of  "  The  Curators  of  the  University  of  the  State 
of  Missouri,"  and  by  that  name  shall  have  perpetual  succession,  power  to  sue  and 
be  sued,  complain  and  defend  in  all  courts;  to  make  and  use  a  common  seal,  and 


LAWS   RELATING   TO    LAND-GKANT   COLLEGES.  89 

to  alter  the  same  at  pleasure;  to  take,  purchase,  and  to  sell,  convey,  and  otherwise 
dispose  of  lands  and  chattels:  Provided,  That  the  curators  shall  not  have  power 
to  sell  or  convey  any  land  contained  within  the  university  campus. 

SEC.  10467.  The  board  of  curators  of  the  University  of  the  State  of  Missouri 
shall  hereafter  consist  of  nine  members,  who  shall  be  appointed  by  the  governor,  by 
and  with  the  advice  and  consent  of  the  Senate:  Provided,  That  not  more  than  one 
person  shall  be  appointed  upon  said  board  from  the  same  Congressional  district, 
and  no  person  shall  be  appointed  a  curator  who  shall  not  have  attained  the  age  of 
21  years,  or  who  shall  not  be  a  citizen  of  the  United  States,  and  who  shall  not 
have  been  a  resident  of  the  State  of  Missouri  two  years  next  prior  to  his  appoint- 
ment. Not  more  than  5  curators  shall  belong  to  any  one  political  party. 

SEC.  10468.  The  term  of  service  of  the  curators  shall  be  six  years,  the  terms  of 
three  expiring  every  two  years,  the  first  expiring  occurring  on  the  first  day  of  Jan- 
uary, 1901,  and  succeeding  expirations  of  three  members  every  two  years  there- 
after. Said  curators  while  attending  the  meetings  of  the  board  shall  receive  their 
actual  expenses,  which  shall  be  paid  out  of  the  ordinary  revenues  of  the  university. 

SEC.  10469.  The  board  of  curators  shall  appoint  annually  three  of  their  number 
to  act  as  an  executive  board,  who  shall  meet  each  month,  for  the  purpose  of  audit- 
ing claims  and  attending  to  such  other  business  as  may  be  intrusted  to  them  by 
the  board  of  curators  not  inconsistent  with  this  article.  The  members  of  the 
executive  board  shall  receive  $5  per  day  for  each  day  they  shall  attend  the  monthly 
meetings,  together  with  their  actual  expenses,  to  be  paid  as  the  expenses  of  the 
curators  are  paid.  Said  executive  board  shall  be  subject  to  change  or  removal  at 
pleasure  of  the  board  of  curators.  The  board  of  curators  shall  also  appoint  annu- 
ally three  of  their  number  to  act  as  an  executive  committee  of  the  school  of  mines 
and  metallurgy,  with  like  powers  and  compensation  as  those  of  the  executive 
board  at  Columbia.  Said  executive  committee  shall  also  be  subject  to  change  or 
removal  at  pleasure  of  the  board  of  curators. 

SEC.  10470.  The  governor  shall,  by  and  with  the  advice  and  consent  of  the  sen- 
ate, fill  all  vacancies  caused  by  the  expiration  of  the  term  of  office  of  any  curator, 
and  he  shall  also  fill  all  vacancies  occasioned  by  death,  resignation,  or  removal, 
which  may  occur  while  the  general  assembly  is  not  in  session;  but  all  such 
appointees  shall  continue  in  office  only  until  the  meeting  of  the  general  assembly 
next  thereafter,  and  until  their  successors  be  appointed  and  qualified.  All  vacan- 
cies which  may  exist  at  or  during  the  meeting  of  the  biennial  sessions  of  the  gen- 
eral assembly,  caused  by  death,  resignation,  or  removal  shall  be  filled  in  like  man- 
ner as  those  created  by  the  expiration  of  official  terms,  and  shall  be  only  for  the 
nnexpired  time  of  the  party  whose  vacancy  is  thereby  filled. 

SEC.  10471.  All  appointments  to  fill  vacancies,  except  such  as  may  be  made  to 
fill  out  unexpired  terms,  shall  be  for  the  term  of  six  years,  and  until  the  succes- 
sors of  such  appointees  shall  be  appointed  and  qualified. 

SEC.  10472.  At  all  meetings  of  the  board  of  curators  seven  members  shall  be 
necessary  to  constitute  a  quorum  for  the  transaction  of  business. 

SEC.  10473.  The  curators  shall  have  power  to  appoint  and  remove,  at  discretion, 
the  president,  professors,  instructors,  and  other  employees  of  the  university;  to 
define  and  assijm  their  powers  and  duties,  and  to  fix  their  compensation. 

SEC.  10474.  The  president  and  treasurer  of  the  university,  residing  at  Colum- 
bia, and  the  treasurer  of  the  School  of  Mines  and  Metallurgy,  residing  at  Rolla, 
shall,  at  each  annual  meeting  of  the  board,  prepare  and  submit  to  the  board  a 
carefully  prepared  statement  of  the  probable  amount  of  income,  as  near  as  may 
be,  of  the  iiniversity  and  all  its  departments  for  the  year  following,  and  the  cura- 
tors shall  thereupon  make  an  estimate  of  the  probable  expenses  of  the  institution 
and  each  of  its  departments  for  the  ensuing  year,  based  upon  the  statements  above 
mentioned,  and  make  the  necessary  appropriations  to  meet  said  expenses  for  the 
current  year:  and  in  no  instance  shall  the  board  of  curators  create  any  indebted- 
ness in  any  one  year  above  what  they  can  pay  out  of  the  annual  income  of  said 
year. 

SEC.  10475.  The  curators  shall  cause  to  be  made  annually  a  careful  and  complete 
inventory  and  appraisement  of  all  property,  real  and  personal,  belonging  to  the 
university  in  every  department  thereof;  and  in  order  to  preserve  said  property 
from  waste  or  injury  it  shall  be  the  duty  of  the  board  to  prescribe  such  rules  and 
regulations  as  shall  secure  a  careful  inspection  of  said  property  and  comparison  of 
the  same  with  prior  inventories. 

SEC.  10476.  No  person  who  is  related  by  blood  or  marriage  to  any  member  of 
the  board  of  curators  of  the  university  shall  be  appointed  to  any  position  in  the 
university  as  officer,  member  of  any  faculty,  or  employee. 

SEC.  10477.  There  shall  be  two  regular  meetings  of  said  board  of  curators  in 
each  year,  to  be  holden  in  the  university  edifice,  or  in  the  town  of  Columbia.  The 


90  EDUCATION    REPORT,   1903. 

annual  meeting  shall  be  held  on  the  third  Tuesday  in  December,  and  the  semi- 
annual meeting  on  the  Tuesday  preceding  the  first  Thursday  in  June,  unless 
different  days  shall  be  fixed  upon  by  said  board. 

SEC.  10478.  If  any  curator  shall  remove  from  the  district  in  which  he  resided  at 
the  time  of  his  appointment,  or  shall  fail  to  attend  any  annual,  semiannual,  or 
regularly  called  meeting  of  the  board,  of  which  meeting  he  shall  have  had  due 
notice,  his  office  shall  become  at  once  vacant,  unless  such  absence  shall  be  caused 
by  sickness,  or  some  accident  prevented  his  arrival  at  the  time  and  place  appointed 
for  the  meeting  of  the  board  of  curators;  and  if  a  vacancy  shall  occur  by  death, 
resignation,  or  from  any  other  cause,  the  governor  shall,  without  delay,  upon 
being  informed  of  the  fact  by  the  secretary  of  the  board  of  curators,  fill  such 
vacancy  by  appointment;  and  the  person  so  appointed  shall  serve  until  the  next 
regular  meeting  of  the  general  assembly,  and  until  his  successor  is  appointed  and 
qualified. 

SEC.  10479.  The  curators  shall  severally  take  an  oath  to  support  the  Constitution 
of  the  United  States  and  of  this  State  and  faithfully  demean  themselves  in  office. 

SEC.  10480.  There  shall  be  a  president  and  vice-president  of  the  board,  who  shall 
be  chosen  by  the  board  from  the  members  thereof;  a  secretary,  a  treasurer,  and 
such  other  officers  of  the  board  as  they  shall  deem  necessary,  who  shall  be  appointed 
by  the  board,  and  hold  their  offices  during  the  pleasure  of  the  board. 

SEC.  10481.  The  president  and,  if  he  be  absent,  the  vice-president,  and  if  both 
be  absent,  a  curator  chosen  for  the  occasion,  shall  preside  at  the  meetings  of  the 
board. 

SEC.  10482.  The  president  of  the  board,  and  until  his  election  or  in  case  of  his 
absence  or  disability,  any  three  curators,  shall  have  power  to  call  a  special  meeting 
of  the  board  at  the  place  of  holding  the  annual  meetings,  provided,  they  give 
timely  notice  thereof,  in  such  form  as  the  board  shall  by  by-law  prescribe. 

SEC.  10483.  Adjourned  meetings  may  be  ordered  and  held  by  the  board  at  such 
time  and  place  as  shall  be  agreed  upon  by  them. 

SEC.  10484.  It  shall  be  the  duty  of  said  board  of  curators  to  cause  to  be  furnished 
to  the  legislature  on  or  before  the  second  Monday  of  each  regular  session  thereof 
a  list  of  the  names  of  all  the  students  that  may  have  been  taught  at  said  institution 
during  the  two  preceding  years,  giving  the  names,  the  ages,  the  place  of  residence 
of  each,  or  the  time  that  each  one  has  been  taught,  as  well  as  the  tuition  fees 
charged  per  session  for  the  various  branches  of  study.  It  shall  likewise  be  the 
duty  of  the  board  to  furnish  the  legislature  with  an  abstract  of  the  amounts 
annually  paid  to  the  president,  and  each  professor,  instructor,  or  other  employee 
of  said  institution,  together  with  an  itemized  account  of  all  other  expenses  of  the 
institution. 

SEC.  10485.  The  secretary  shall  keep  a  journal  of  the  proceedings  of  the  cura- 
tors, in  which  the  ayes  and  noes  on  all  questions  shall  be  entered  if  requested  by 
any  one  of  the  curators  present. 

SEC.  10486.  It  shall  be  the  duty  of  the  secretary  to  keep  and  preserve  all 
records,  books,  and  papers  belonging  to  the  board;  to  prepare,  under  the  direction 
of  the  board,  all  their  reports,  estimates,  etc..  and  record  the  same  in  a  book  to  be 
kept  for  that  purpose,  and  generally  to  do  and  execute  all  such  matters  and  things 
as  belong  to  his  office  and  may  be  required  of  him  by  the  curators;  and  his  com- 
pensation shall  be  fixed  by  the  board. 

SEC.  10487.  Any  citizen  of  the  State  shall,  at  all  times,  have  access  to  and  be 
permitted  to  take  copies  of  any  or  all  the  records,  books,  and  papers  of  the  board. 

SEC.  10488.  It  shall  be  the  duty  of  the  treasurer  to  receive,  keep,  and  disburse 
all  moneys  belonging  to  the  board,  and  to  perform  all  customary  acts  pertaining 
to  his  office,  under  the  direction  of  the  curators,  and  to  make  report  of  the  same 
at  the  annual  meeting  of  the  board;  his  compensation  shall  be  fixed  by  the  board, 
provided  that  the  same  shall  not  exceed,  for  any  one  year,  the  sum  of  $150. 

SEC.  10489.  The  treasurer  of  the  board  shall,  upon  his  appointment  and  before 
he  enters  upon  the  duties  of  his  office,  give  bond  to  the  State  of  Missouri,  to  the 
use  of  the  curators  of  the  University  of  the  State  of  Missouri,  with  at  least  two 
good  and  solvent  sureties,  in  such  sum  as  may  be  required  by  the  board,  to  be 
approved  by  the  board  and  filed  among  their  papers  and  records,  conditioned  that 
he  will  faithfully  administer  the  university  funds  coming  into  his  hands,  and  dis- 
burse and  invest  the  same  according  to  the  directions  of  the  board  of  curators; 
and  such  bond  shall  be  renewed  every  two  years  or  of  tener  if  deemed  necessary 
by  the  board  of  curators. 

SEC.  10490.  The  treasurer  of  the  board  of  curators  shall  make  out  semiannually 
a  full  statement  of  his  accounts,  showing  the  amount  of  money  which  he  has 
received  and  the  items  of  expenditure,  and  when  approved  by  the  board  a  copy  of 
the  account  shall  be  entered  on  the  record. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  91 

SEC.  10491.  The  curators  shall  have  power  to  make  such  by-laws  or  ordinances, 
rules,  and  regulations  as  they  may  judge  most  expedient  for  the  accomplishment  of 
the  trust  reposed  in  them,  and  for  the  government  of  their  officers  and  employees 
and  to  secure  their  accountability. 

SEC.  10402.  The  curators  shall  have  the  authority  to  confer  by  diploma,  under 
their  common  seal,  on  any  person  whom  they  may  judge  worthy  thereof,  such 
degrees  as  are  known  to  and  usually  granted  by  any  college  or  university. 

SEC.  10493.  Grants  made  to  the  curators  for  specific  purposes  and  uses  shall  not 
be  applied  either  wholly  or  in  part  to  any  other  uses. 

SEC.  10494.  It  shall  be  the  duty  of  the  curators  to  provide  for  the  protection 
and  improvement  of  the  site  of  the  University  of  the  State  of  Missouri  as  selected 
and  established  by  law;  to  erect  and  continue  thereon  all  edifices  designed  for  the 
use  and  accommodation  of  the  officers  and  students  of  the  university,  and  to 
furnish  and  adapt  the  rame  to  the  uses  of  the  several  departments  of  instruction. 

SKI  '.  10495.  It  shall  be  the  duty  of  the  president  of  the  university,  among  other 
things,  to  superintend  ;-nd  direct  the  care  and  management  of  the  institution  and 
its  grounds  at  Columbia,  and  to  make  and  transmit  to  the  curators,  at  each  regu- 
lar meeting  thereof,  a  report  of  the  state  and  condition  thereof,  containing  such 
particulars  as  the  curators  shall  require. 

SEC.  10496.  The  president,  professors,  and  instructors  shall  each  have  the  care 
and  management  of  the  books  and  apparatus  belonging  to  their  respective  depart- 
ments, and  the  librarian  the  care  and  superintendence  of  the  library. 

SEC.  10497.  All  salaries  of  the  officers,  professors,  instructors,  and  employees  of 
the  university  shall  be  payable  monthly,  on  the  first  day  of  the  month  following 
that  for  which  their  salary  has  accrued,  or  as  soon  thereafter  as  practicable,  and 
it  shall  be  the  duty  of  the  president  of  the  board  of  curators  to  draw  his  warrant 
accordingly,  on  the  treasurer  of  the  board,  payable  to  the  order  of  the  officer,  pro- 
fessor, instructor,  or  other  employee,  as  the  case  may  be,  therein  named. 

SKC.  10498.  Should  the  president  or  any  professor,  instructor,  or  other  person 
holding  office  in  the  university  by  selection,  appointment,  contract,  or  engagement 
of  the  board  of  curators  fail  to  discharge  for  any  length  of  time  his  official  duties, 
without  having  obtained  the  permission  of  said  board,  the  salary  or  compensation 
of  such  president,  professor,  instructor,  or  other  person  holding  office  in  the  uni- 
versity shall  cease  for  the  time  he  shall  so  fail  to  discharge  his  official  duties,  and 
no  compensation  shall  be  allowed  for  such  time;  but  if  said  board  shall  be  satis- 
fied that  such  president,  professor,  instructor,  or  other  person  holding  office  in 
the  university  as  aforesaid,  had  good  cause  for  failing  to  discharge  his  official 
duties,  then  no  part  of  his  salary  or  compensation  shall  be  deducted  or  withheld 
on  account  of  such  failure. 

.  10499.  All  youths,  resident  of  the  State  of  Missouri,  over  the  age  of  sixteen 
years  shall  be  admitted  to  all  the  privileges  and  advantages  of  the  various  classes 
of  the  practical,  scientific,  and  literary  departments  of  the  University  of  the  State 
of  Missouri  without  payment  of  tuition,  provided  each  applicant  for  admission 
therein  shall  possess  such  scholastic  attainments  and  mental  and  moral  qualifica- 
tions as  shall  be  prescribed  in  rules  adopted  and  established  by  the  board  of  cura- 
tors; and  provided  further,  that  nothing  herein  enacted  shall  be  construed  to 
prevent  the  board  of  curators  from  collecting  reasonable  tuition  fees  in  the  law 
department  and  in  the  medical  department  and  the  necessary  fees  for  supplies  in 
the  laboratories  of  the  university  or  school  of  mines  and  establishing  such  fees  for 
library  and  incidental  expenses  in  other  departments,  not  to  exceed  $5  per  annum, 
as  they  may  find  necessary. 

SEC.  10500.  No  rule  or  regulation  shall  ever  be  established  by  the  board  which 
shall  in  any  way  limit  the  right  of  the  students  of  the  university  or  any  of  its 
departments  to  present  their  grievances  and  to  ask  for  their  redress  by  respectful 
petitions  presented  to  the  board. 

SEC.  10301.  The  secretary  of  state  is  hereby  required  to  procure  and  furnish  to 
the  library  of  the  law  department  of  the  university  five  copies  of  every  revision 
of  the  statutes  made  or  approved  by  the  general  assembly  of  the  State;  five  copies 
of  each  session  act,  whether  regular,  adjourned,  or  special;  five  copies  of  every 
report  of  the  supreme  court  and  of  the  courts  of  appeals  hereafter  issued  and  four 
copies  of  such  reports  heretofore  issued  as  may  be  on  hand,  and  five  copies  of  such 
digests  of  said  reports  as  may  be  selected  by  the  dean  of  said  department;  and  he 
shall  also  procure  and  furnish  to  the  general  library  of  the  university  and  to  the 
library  of  the  school  of  mines  two  copies  of  each  and  every  official  report  and  pub- 
lication issued  by  the  State  or  any  officer  thereof;  and,  so  far  as  he  maybe  able  to 
do  so,  he  shall  procure  and  fiirnish  to  said  libraries  two  copies  of  each  and  every 
printed  report  of  any  corporation  organized  under  the  laws  of  this  State  or  which 
may  be  authorized  to  do  business  therein. 


92  EDUCATION    EEPOKT,   1903. 

SEC.  10502.  He  shall  also,  forthwith  and  from  time  to  time,  procure  for  said 
libraries  the  current  collated  or  revised  statutes  of  the  several  States,  so  far  as  it 
can  be  done  by  exchanging  for  the  same  the  statutes  of  this  State  named  in  the 
preceding  section.  He  shall  further  supply  to  the  department  of  history  and 
political  economy  so  many  copies  of  each  and  every  official  report  and  publication 
issued  by  this  State  or  any  officer  thereof,  excepting  reports  of  the  supreme  court 
and  of  the  courts  of  appeals,  as  may  be  needed  to  exchange  for  similar  publications 
of  other  States. 

SEC.  10503.  Any  person  who  shall  knowingly  sell,  give,  or  in  any  manner  dis- 
pose of  any  intoxicating  liquor  to  any  student  of  the  University  of  the  State  of 
Missouri,  or  any  school,  or  college,  or  academy  in  this  State,  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall,  upon  conviction,  be  punished  by  a  fine  of  not  less  than 
$40  nor  more  than  $400  or  by  imprisonment  in  the  county  jail  not  less  than  three 
months  nor  more  than  one  year,  or  by  both  such  fine  and  imprisonment;  provided, 
that  it  shall  be  lawful  for  druggists  to  sell  or  give  such  liquor  to  any  student  upon 
the  written  prescription  of  a  regular  practicing  physician  in  good  standing;  pro- 
vided, that  nothing  in  this  section  shall  be  so  construed  as  to  apply  to  any 
mercantile  or  business  college. 

SEC.  10504.  There  is  hereby  established  a  College  of  Agriculture  and  Mechanical 
Arts  at  Columbia  and  a  School  of  Mines  and  Metallurgy  at  Holla,  provided  for  by 
the  grant  of  the  Congress  of  the  United  States,  as  distinct  departments  of  the 
University  of  the  State  of  Missouri. 

SEC.  10505.  The  leading  objects  of  said  colleges  shall  be  to  teach  such  branches 
as  are  related  to  agriculture  and  the  mechanic  arts  and  mining,  including  mili- 
tary tactics,  and  without  excluding  other  scientific  and  classical  studies,  in  order 
to  promote  the  liberal  and  practical  education  of  the  industrial  classes  in  the 
several  pursuits  and  professions  of  life. 

SEC.  10506.  That  the  obligation  of  the  State  to  the  General  Government,  assumed 
by  the  acceptance  of  the  land  grant  of  July  2, 1862,  may  be  more  fully  discharged, 
and  in  order  to  promote  the  liberal  and  practical  education  of  the  industrial  classes 
in  the  several  pursuits  and  professions  of  life,  the  board  of  curators  of  the  Univer- 
sity of  the  State  of  Missouri  shall  prescribe  and  adopt  a  liberal  academic  course  of 
study  to  be  taught  in  the  School  of  Mines  and  Metallurgy,  located  at  Holla,  in 
addition  to  the  courses  now  taught  in  said  school,  and  may  confer  the  degree  of 
bachelor  of  science  upon  all  students  who  shall  complete  said  course  in  said  school 
to  the  satisfaction  of  the  faculty  thereof. 

SEC.  10507.  To  effect  the  leading  objects  of  the  colleges,  as  herein  established, 
it  is  provided  that  the  students  and  members  thereof  shall  be  admitted  to  the 
library,  museums,  models,  cabinets,  and  apparatus,  and  to  all  lectures  and 
instructions  of  the  university  which  now  exist  or  may  hereafter  exist,  and  to  all 
other  rights  and  privileges  thereof,  in  a  manner  as  full  and  ample  as  are  the  stu- 
dents of  any  other  department  in  said  university;  and  to  provide  for  instruction 
in  military  tactics,  as  herein  required,  it  is  enacted  that  in  case  a  system  of  mili- 
tary education  shall  be  established  by  Congress  the  University  of  the  State  of 
Missouri  is  hereby  required  by  law  to  make  the  necessary  pro  visions  for  carrying 
out  the  plan  so  established  in  connection  with  the  institution;  and  furthermore, 
there  is  hereby  established  and  created  a  perpetual  fund,  to  be  styled  the  "  fund 
of  the  College  of  Agriculture  and  Mechanic  Arts,"  to  be  derived  from  the  sale  or 
lease  of  the  330,000  acres  of  land  granted  by  Congress  to  the  State  of  Missouri  by 
virtue  of  an  act  approved  July  2,  1862,  and  from  all  additions  to  the  same  from 
public  or  private  bounty,  the  principal  of  which  fund  shall  remain  forever  invio- 
late and  undiminished,  to  be  invested  in  the  manner  hereafter  specified,  and  the 
income  thereof  shall  be  placed  at  the  disposal  of  the  board  of  curators  of  the 
university  of  the  State,  three-fourths  of  which  income  shall  be  for  the  support  of 
the  College  of  Agriculture  and  Mechanic  Arts  aforesaid,  and  the  remaining  one- 
fourth  for  the  support  of  the  School  of  Mines  and  Metallurgy,  in  accordance  with 
the  provisions  of  this  article  and  the  acts  of  Congress  aforesaid.  (For  the  divi- 
sion of  the  subsidy  of  August  30,  1890,  see  section  10011  on  p.  99;  also  section 
10533,  p.  96.) 

SEC.  10508.  The  College  of  Agriculture  and  Mechanic  Arts  and  the  School 
of  Mines  and  Metallurgy  herein  provided  for  shall  have  each  a  separate  and  dis- 
tinct faculty  whose  officers  and  professors  may  be  the  same  in  whole  or  in  part  as 
the  officers  and  professors  in  other  colleges  and  departments  of  the  university. 

SEC.  10509.  The  College  of  Agriculture  and  the  Mechanic  Arts  a,iid  the  School 
of  Mines  and  Metallurgy  shall  have  power  to  confer  degrees  suitable  to  their 
designs  and  courses  of  study. 

SEC.  10510.  At  the  close  of  each  university  year  the  board  of  curators  shall  make 
a  report  to  the  governor  in  detail,  exhibiting  the  progress,  condition  and  wants  of 


LAWS   RELATING   TO    LAND-GRANT   COLLEGES.  93 

the  several  colleges  or  departments  of  instruction  in  the  university,  the  course  of 
study  in  each,  and  the  number  and  names  of  the  officers  and  students,  the  amount 
of  receipts  and  disbursements,  together  with  the  nature,  cost,  and  results  of  all 
important  experiments  and  investigations,  and  such  other  matters,  including  State 
industrial  and  economical  statistics,  as  may  be  thought  useful.  The  governor 
shall  cause  the  same  to  be  printed  for  the  use  of  the  general  assembly  and  the 
people  of  the  State,  and  shall  cause  one  copy  of  the  same  to  be  transmitted  by- 
mail  free  of  expense  to  all  the  colleges  which  may  be  endowed  under  the  provi- 
sions of  the  act  of  Congress  approved  July  2,  1862,  hereinbefore  referred  to,  and 
also  one  copy  to  the  Secretary  of  the  Interior,  and  one  copy  to  the  Commissioner 
of  Agriculture  at  Washington  City.  The  governor  shall  cause  the  bulletins  of 
the  experiment  stations  to  be  printed  as  they  are  issued  and  separate  from  the 
annual  report. 

SEC.  10511.  [As  amended  by  act  of  March  11,  1901.]  Inasmuch  as  all  trust 
funds  committed  to  the  management  of  the  State  are  to  be  deemed  a  sacred  deposit, 
and  to  be  vigilantly  guarded  from  waste  or  wrongful  use,  it  is  provided  that  a 
board  of  visitors,  to  consist  of  five  persons,  three  at  least  of  whom  shall  be  citizens 
emtnent  in  agriculture  and  mechanic  arts,  and  not  less  than  two  graduates  of  the 
university,  shall  be  appointed  by  the  governor.  It  shall  be  the  duty  of  said  visit- 
ors to  meet  at  the  university  on  the  second  Tuesday  of  November  of  each  year, 
and  make  personal  examination  into  the  condition  of  the  university,  and  report 
the  result  to  the  governor,  suggesting  such  improvements  and  recommendations 
as  they  may  think  important,  which  report  shall  be  published  with  the  annual 
report  of  the  curators.  In  case  of  nonattendance  upon  any  annual  meeting  the 
office  of  any  visitor  shall  become  vacant  in  the  same  manner  and  with  like  effect 
as  in  the  case  of  curators.  The  visitors  shall  receive  no  per  diem,  but  they  shall 
have  their  actual  expenses  paid. 

SEC.  10512.  The  board  of  curators  shall  cause  the  lands  which  have  been  donated 
for  the  benefit  of  the  College  of  Agriculture  and  Mechanic  Arts  to  be  examined, 
classified,  and  appraised  by  two  or  more  competent  agents,  by  them  appointed, 
before  the  same  are  offered  for  lease  or  sale,  and  shall  thereafter,  either  by  direct 
action  of  the  board  or  by  a  committee  of  its  members,  fix  the  price  at  the  interest 
of  which  said  land  may  be  leased  or  at  which  it  may  be  sold;  and  the  said  board 
may  at  any  time  change  said  price  or  it  may  withhold  or  withdraw  from  sale  or 
lease  any  specific  tract  or  parts  of  land  or  may  designate  which  tract  or  parcel 
shall  be  sold  only  for  cash  in  hand,  or  may  attach  contiguous  subdivisions  of  land 
not  to  exceed  a  quarter  section  that  are  not  to  be  separated  in  their  sale  or  lease. 
Should  it  be  discovered  that  the  number  of  acres  to  which  the  State  is  entitled  by 
act  of  Congress  has  not  been  selected,  located,  and  confirmed,  the  said  agent  shall 
forthwith  select  the  additional  number  of  acres  from  the  vacant  lands  of  the 
United  States  within  this  State,  so  as  to  secure  the  full  amount  of  330,000  acres 
granted  by  the  United  States,  and  shall  in  like  manner  and  with  full  effect  as  the 
commissioners  created  by  the  act  of  the  general  assembly  of  Missouri,  approved 
March  19,  1866,  have  the  same  set  apart  and  withdrawn  from  entry  on  the  books 
of  the  United  States  Land  Office;  and  said  agents  shall  receive  the  same  compen- 
sation for  said  services  and  for  any  and  all  other  services  performed  in  appraising 
said  lands  and  for  any  other  service  under  this  chapter  as  was  allowed  the  com- 
missioners who  selected  the  lands  under  said  act  of  March  19, 1866,  and  they  shall 
be  paid  in  the  same  manner,  and  they  shall  also  receive  for  their  expenses  a  sum 
not  to  exceed  $2.50  a  day  for  each  person. 

SEC.  10513.  Any  person  who  has  heretofore  made  or  may  hereafter  make  actual 
settlement  upon  the  lands  of  the  College  of  Agriculture  and  Mechanic  Arts  shall 
be  entitled  to  lease  or  purchase  320  acres  or  less,  as  he  may  choose,  lying  contigu- 
ous and  including  his  improvement,  in  preference  to  any  other  person,  his  right 
being  subject  to  the  power  of  the  board  in  regard  to  withholding  or  withdrawing 
from  sale,  or  designating  what  may  be  sold  for  cash  only,  or  what  shall  bo  attached 
for  sale  to  adjacent  subdivisions;  and  provided  such  settlers  shall  comply  with 
the  law  and  with  the  rules  that  may  be  adopted  by  the  board  in  relation  to  lease 
or  purchase,  the  same  as  is  and  shall  be  required  by  others:  And  it  is  further  pro- 
?•/'"'.  <l.  That  at  or  before  a  day  to  be  specified  in  a  notice  to  be  published  by  the 
board,  which  notice  shall  be  published  for  four  consecutive  weeks  in  some  news- 
paper published  in  the  county  in  which  the  lands  lie,  or,  if  none  be  there  pub- 
lished, in  a  newspaper  as  near  as  may  be  to  said  county,  the  last  insertion  to  be 
thirty  days  before  the  day  named,  such  settler  shall  proceed  to  make  proof  of  his 
claim  in  compliance  with  the  rules  aforesaid,  or  he  shall  forfeit  all  preference, 
and  the  lands  shall  be  subject  to  lease  or  sale  as  other  lands;  And  it  is  further 
provided,  That  the  actual  settlement  referred  to  must  be  made  prior  to  the  first 
publication  of  the  board  herein  referred  to. 


94  EDUCATION   REPORT,  1903. 

SEC.  10514.  In  case  where  any  of  said  lands  may  be  sold  and  a  deea  to  the  same 
is  required  to  be  made,  the  same  shall  be  executed  by  the  president  of  the  board 
of  curators,  signed  by  him,  with  the  seal  of  the  corporation  attached  thereto,  and 
attested  by  the  secretary  of  the  board. 

SEC.  10515.  The  School  of  Mines  and  Metallurgy  shall  be  empowered  to  utilize 
all  implements,  instruments,  charts,  specimens,  etc.,  and  the  board  of  curators 
may  establish  when  they  deem  proper  a  professorship  of  geology,  said  geologist  to 
supervise  the  geological  surveys  that  may  be  made  by  the  School  of  Mines  and 
Metallurgy. 

SEC.  10516.  There  is  hereby  created  the  office  of  treasurer  of  the  School  of  Mines 
and  Metallurgy  located  in  the  county  of  Phelps,  who  shall  be  appointed  by  the 
board  of  curators  and  be  subject  to  removal  at  their  discretion.  It  shall  be  his 
duty  to  receive,  keep,  and  disburse  all  moneys  belonging  to  said  School  of  Mines 
and  Metallurgy,  all  moneys  that  shall  be  appropriated  or  apportioned  for  the  pur- 
poses of  said  school,  including  one-fourth  of  the  income  arising  from  the  fund  of 
the  College  of  Agriculture  and  Mechanic  Arts,  and  all  other  money  which  may 
belong  exclusively  to  the  said  school  for  building  or  for  any  other  purpose.  And 
the  said  treasurer  shall  perform  all  customary  acts  pertaining  to  his  office,  uader 
direction  of  the  board  of  curators,  and  make  report  of  the  same  at  the  annual 
meetings  of  the  board. 

SEC.  10517.  The  treasurer  of  the  School  of  Mines  and  Metallurgy  shall  keep  his 
office  in  the  city  of  Rplla,  and  upon  his  appointment,  and  before  he  enters  upon  the 
duties  of  his  office,  give  bond  to  the  State  of  Missouri  to  the  use  of  the  curators  of 
the  University  of  the  State  of  Missouri,  with  afc  least  two  good  and  solvent  sure- 
ties, in  a  sum  not  less  than  $20,000,  to  bo  approved  by  the  board  and  filed  among 
their  papers  and  records,  conditioned  that  he  will  faithfully  administer  the  funds 
of  the  School  of  Mines  and  Metallurgy  coining  into  his  hands,  and  disburse  and 
invest  the  same  according  to  the  directions  of  the  board  of  curators;  and  such 
bond  shall  be  renewed  every  two  years,  or  of  tener  if  deemed  necessary  by  the 
board.  Until  the  next  annual  meeting  of  the  board  of  curators  such  bond  may  be 
approved  by  the  president  of  the  board. 

SEC.  10518.  The  treasurer  of  the  board  of  curators  shall  pay  over  to  the  treasurer 
of  the  School  of  Mines  and  Metallurgy,  as  soon  as  he  shall  be  appointed  and  his 
bond  approved,  and  at  all  times  hereafter,  all  moneys,  bonds,  and  all  property 
whatsoever  in  his  hands  which  have  been  donated,  or  which  have  been  or  here- 
after may  be  appropriated  or  apportioned,  or  in  any  manner  belonging  to  said 
school  for  its  support,  or  for  any  other  purpose. 

SEC.  10519.  At  each  annual  meeting  of  the  board  of  curators  the  treasurer  of  the 
School  of  Mines  and  Metallurgy  shall  make  out  a  full  statement  of  his  accounts, 
showing  the  amount  of  money  which  he  has  received  according  to  the  provisions 
of  this  article,  as  well  as  the  items  of  expenditures,  and  when  approved  by  the 
board  a  copy  of  the  account  shall  be  entered  upon  the  record.  He  shall  also  fur- 
nish the  board  of  curators  an  abstract  of  the  amounts  annually  paid  to  the  director 
and  every  professor,  instructor,  or  other  officer  or  employee  of  said  school. 

SEC.  10520.  The  compensation  of  the  treasurer  of  the  School  of  Mines  and  Met- 
allurgy shall  be  fixed  by  the  board  of  curators:  Provided,  That  the  same  shall  not 
exceed  for  any  one  year  the  sum  of  $150. 

SEC.  10521.  The  treasurer  of  the  board  of  curators  of  the  University  of  the  State 
of  Missouri  at  Columbia,  and  the  treasurer  of  the  School  of  Mines  and  Metallurgy, 
located  in  the  county  of  Phelps,  shall  each  be  held  accountable  upon  their  official 
bonds,  respectively,  for  all  moneys  and  property  which  may  come  into  their  hands 
belonging  to  the  university  or  any  of  its  departments:  Provided,  That  the  treasurer 
of  the  board  of  curators  at  Columbia  shall  not  beheld  accountable  for  any  moneys 
or  other  property  which  may  come  into  his  hands  belonging  to  the  School  of  Mines 
and  Metallurgy  after  the  same  shall  have  been  paid  over  under  the  law  to  the 
treasurer  of  the  School  of  Mines  and  Metallurgy  at  Holla,  nor  shall  the  treasurer 
of  the  School  of  Mines  and  Metallurgy  be  held  accountable  on  his  official  bond  for 
any  moneys  which  may  come  into  the  hands  of  the  treasurer  of  the  board  of  cura- 
tors at  Columbia  and  which  may  not  have  been  paid  over  to  the  treasurer  of  said 
School  of  Mines  and  Metallurgy — the  purpose  of  this  section  being  to  separate  the 
funds  and  property  belonging  to  each  institution,  and  to  hold  the  treasurers, 
respectively,  responsible  upon  their  official  bonds  only  for  all  money  sand  property 
which  may  come  into  their  hands,  and  which  belong  to  the  institutions  of  which 
they  are  the  treasurers. 

SEC.  10522.  There  is  hereby  created  and  especially  established  a  fund  for  the 
support  of  the  University  of  the  State  of  Missouri,  the  College  of  Agriculture  and 
Mechanic  Arts,  and  the  School  of  Mines  and  Metallurgy  to  be  denominated  the 
"  Seminary  fund,"  which  shall  consist  of:  First,  the  proceeds  of  sale  of  seminary 


LAWS    RELATING    TO    LAND-GKANT    COLLEGES.  95 

lands  as  provided  by  act  approved  February  11,  1839,  which  money  is  invested  in 
a  State  certificate  of  indebtedness  of  $122,000,  dated  July  1,  1881,  issued  by  the 
authority  of  act  March  23,  1881,  interest  to  be  applied  as  directed  by  the  board  of 
cur;  i  ors.  Second,  the  proceeds  from  the  sale  of  100  Missouri  bonds,  issued  under 
act  of  March  29, 1872,  represented  by  a  State  certificate  of  indebtedness  of  $100,000, 
(Lit  d  January  22,  1884,  issued  under  act  of  March  31,  1883,  interest  to  be  applied 
as  directed  by  the  board  of  curators.  Third,  the  proceeds  of  the  sale  of  the  lands 
donated  to  the  State  of  Missouri  by  the  United  States  for  the  support  of  the  Col- 
lege of  Agriculture  and  Mechanic  Arts  and  the  School  of  Mines  and  Metallurgy, 
by  act  of  Congress,  approved  July  2,  1862,  represented  by  State  certificates  of 
indebtedness  of  the  following  amounts  and  dates:  July  2,  1883,  $242,000;  Novem- 
ber 1,  1883,  $5,000;  January  30,  1884,  $5,000;  April  19,  1884,  $35,000;  April  2, 1885, 
$5,000;  February  25,  1886,  $5,000;  January  1,  1888,  $5,000;  December  15,  1888, 
$5,000;  May  15, 1889,  $5,000;  July  1, 1891,  $5, 000;  May  15, 1893,  $5,000;  July  1,1895, 
$22,881.19;  April  9,  1895,  $5,000,  representing  a  total  of  $349,881.19,  now  issued  or 
any  certificate's,  which  may  hereafter  bs  issued  under  general  or  special  act  of  the 
general  assembly;  one-fourth  of  the  interest  on  these  funds  shall  be  paid  to  the 
treasurer  of  the  School  of  Mines  and  Metallurgy,  at  Rolla,  for  the  maintenance 
of  said  institution,  and  the  remainder  to  be  applied  for  the  maintenance  of  the 
College  of  Agriculture  and  Mechanic  Arts.  Fourth,  the  fund  paid  into  the  State 
treasury  by  authority  of  sections  10527,  10528,  and  10530,  represented  by  State  cer- 
tificate of  indebtedness,  dated  July  1,  1898,  for  the  amount  of  $6,000,  the  interest 
to  be  applied  to  the  maintenance  of  the  State  University,  at  Columbia.  Fifth,  the 
State  certificate  of  indebtedness  of  $646,958.23,  derived  from  "  direct  tax  "  received 
from  the  United  States,  dated  April  1,  1891,  issued  under  act  of  March  26,  1891, 
four-fifths  of  the  interest  to  be  applied  for  the  maintenance  of  the  State  University, 
at  Columbia,  and  one-fifth  for  the  School  of  Mines  and  Metallurgy,  at  Rolla. 
Sixth,  the  James  S.  Rollins  scholarship  fund  of  $6,000,  represented  by  a  Stats  cer- 
tificate of  indebtedness,  issued  under  act  of  March  81,  1883,  and  interest  to  be 
applied  to  the  maintenance  of  the  "James  S.  Rollins  University  Scholarship." 
Seventh,  the  proceeds  of  sales  of  lands  donated  to  the  School  of  Mines  and  Metal- 
lurgy, at  Rolla,  represented  by  a  State  certificate  of  indebtedness  of  $'2,000,  dated 
April  15,  1893,  issued  under  act  of  March  31,  1883,  interest  on  which  shall  be 
applied  to  the  maintenance  of  the  school  of  Mines  and  Metallurgy,  at  Rolla. 
Eighth,  the  State  certificate  of  indebtedness  of  $3,000,  issued  under  act  of  April  1, 
1895,  dated  April  1,  1896,  four-fifths  of  the  interest  to  be  applied  to  the  mainte- 
nance of  the  State  University,  at  Columbia,  and  one-fifth  to  the  School  of  Mines 
and  Metallurgy,  at  Rolla,  and  also  any  other  certificates  which  may  hereafter  be 
issued  and  held  in  trust  for  this  fund  under  any  general  or  special  act  of  the  gen- 
eral assembly.  Ninth,  the  unclaimed  proceeds  of  partition  sales,  as  provided  by 
act  approved  March  6.  1893,  and  by  section  10530. 

SEC.  10523.  The  seminary  fund  shall  be  and  remain  a  permanent  fund  to  be 
invested  in  accordance  with  the  provisions  of  this  chapter,  and  each  division 
thereof  aforesaid,  constituting  the  same,  shall  be  devoted  exclusively  to  the  pur- 
poses and  objects  expressed  in  the  act  of  Congress  or  of  the  legislature  relating 
thereto. 

SEC.  10524.  The  State  auditor  and  the  State  treasurer  shall,  respectively,  perform 
like  duties  and  possess  the  same  powers  in  relation  to  the  seminary  fund  and 
income,  as  they  respectively  are  or  may  be  required  to  perform  or  exercise  in  rela- 
tion to  public  school  funds  and  moneys,  and  shall  account  themselves,  and  shall 
require  others  to  account  t  >  them,  in  the  same  manner  as  in  relation  to  public 
school  funds  and  moneys,  except  in  cases  otherwise  provided. 

SEC.  10525.  The  governor,  the  secretary  of  state,  and  attorney-general  shall,  by 
virtue  of  their  respective  offices,  be  commissioners  of  the  4<  Seminary  fund." 

SEC.  10526.  The  certificates  of  indebtedness  authorized  to  be  issued  to  the  per- 
manent school  fund  of  the  State  by  act  of  March  23,  1881,  and  the  certificates  of 
indebtedness  issued  to  the  seminary  fund  shall  be  and  remain  sacred  and  irrevoca- 
ble obligations  of  the  State,  unconvertible  and  untransferable  from  the  purposes  of 
their  issue,  but  shall  remain  as  so  much  of  the  permanent  school  fund  and  of -the 
seminary  fund  as  is  represented  in  their  amounts,  respectively. 

SEC.  10527.  Hereafter  whenever  any  of  the  remaining  lands  of  the  College  of 
Agriculture  and  Mechanic  Arts  shall  be  sold  amounting  to  $5,000  and  proceeds 
of  sale  thereof  paid  into  the  State  treasury,  a  certificate  of  indebtedness  shall  be 
issued,  payable  twenty  years  after  date,  bearing  interest  at  the  rate  of  5  per  cent 
per  annum,  payable  semiannually,  and  held  in  trust  by  the  State  as  part  of  the 
seminary  fund. 

SEC.  1052S.  Said  certificate  of  indebtedness  shall  be  signed  by  the  governor, 
countersigned  by  the  secretary  of  state,  and  sealed  by  the  great  seal  of  the  State; 


96  EDUCATION    REPORT,    1903. 

shall  be  nonnegotiable,  and  shall  b3  sacredly  held  and  preserved  in  the  State  treas- 
ury as  part  of  the  seminary  fund  of  the  State. 

SEC.  10529.  The  board  of  fund  commissioners  are  hereby  authorized  and  directed 
to  place  to  the  credit  of  the  ' '  seminary  fund ' '  all  sums  of  money  which  have  been 
or  may  hereafter  be  paid  into  the  State  treasury  as  the  unclaimed  proceeds  of  sales 
in  partition  under  the  provisions  of  the  act  of  the  general  assembly  approved 
March  6,  1893.  For  every  amount  so  placed  to  the  credit  of  the  seminary  fund 
the  board  shall  issue  a  State  certificate  of  indebtedness  in  like  form  and  manner 
as  other  certificates  issued  under  this  act,  due  thirty  years  after  date,  and  bearing 
interest  at  the  rate  of  5  per  cent  per  annum  from  date,  payable  semiannually. 
Upon  payment  to  any  beneficiary  of  his  share  of  the  proceeds  of  sale  under  the 
terms  of  said  act  of  March  6, 1893,  the  certificate  issued  thereon  shall  be  canccVd. 
Should  any  portion  of  the  amount  of  any  canceled  certificate  be  withdrawn  Iroin 
the  treasury  a  new  certificate  for  the  remainder  shall  be  at  once  issued.  The  State 
auditor  shall  notify  the  secretary  of  the  board  of  curators  when  any  certificate 
is  issued  or  canceled  under  the  terms  of  this  section. 

SEC.  10530.  Hereafter  when  any  moneys  shall  be  paid  into  the  State  treasury, 
from  whatever  source  derived,  whether  by  grant,  gift,  devise,  or  from  any  other 
source,  to  be  added  to  either  the  "  public  school  fund  "  or  the  "  seminary  fund  " 
of  the  State,  and  when  the  same  shall  amount  to  $1,000  the  said  board  of  fund 
commissioners  shall  issue  a  certificate  of  indebtedness  of  the  State  of  Missouri  like 
that  provided  for  in  sections  10527,  10528,  and  10529,  and  in  accordance  with  the 
terms  of  the  gift,  grant,  or  devise  making  addition  to  the  public  school  fund  or 
the  seminary  fund  of  the  State,  except  in  cases  where  moneys  are  acquired  by 
special  gift  or  devise  a  separate  certificate  shall  be  issued  for  each  gift  or  devise 
and  for  the  amount  of  such  gift  or  devise,  said  certificate  to  be  made  payable 
twenty  years  after  date,  the  interest  thereon,  to  be  paid  semiannually,  to  be  for- 
ever used  and  appropriated  in  accordance  with  law,  and  the  gift,  grant,  or  devise 
providing  said  fund  for  public  educational  purposes,  under  Article  XI  of  the  con- 
stitution of  this  State  and  an  act  approved  March  16,  1881,  entitled  ''An  act  to 
encourage  and  increase  the  public  school  fund  of  the  State  by  grant,  gift,  or 
devise,  as  provided  for  in  section  6  of  Article  XI  of  the  constitution  of  Missouri, 
and  to  provide  for  its  safe  and  permanent  investment." 

SEC.  10531.  The  certificates  of  indebtedness  authorized  to  be  issued  under  this 
article  to  the  permanent  public  school  or  seminary  fund  of  the  State  shall  specify 
the  purposes  to  which  said  funds  are  dedicated,  the  source  from  which  derived, 
and  the  disposition  of  the  interest  to  be  paid  on  the  same;  they  shall  be  printed  on 
good  parchment  paper,  and  shall  be  and  remain  sacred  irrevocable  obligations  of 
the  State,  unconvertible  and  untransferable  from  the  purposes  of  their  issue,  as  so 
much  of  the  permanent  "public  school  fund"  or  "seminary  fund,"  the  interest 
thereon  to  be  appropriated  regularly  in  accordance  with  the  terms  of  said  certifi- 
cates, and  to  commence  running  from  the  payment  of  the  money  into  the  treasury 
of  the  State. 

SEC.  10532.  The  State  of  Missouri  is  hereby  constituted  the  custodian  and  is 
made  the  trustee  of  all  moneys  which  may  be  paid  into  the  State  treasury  under 
this  article  and  of  the  certificates  of  indebtedness  which  may  be  issued  under  the 
same,  and  the  honor  and  good  faith  of  the  State  are  hereby  pledged  for  the  faith- 
ful performance  of  the  trust  herein  created. 

SEC.  10533.  [See  also  section  10507,  supra,  and  section  10011.  post.]  All  sums 
collected  under  the  provisions  of  an  act  of  Congress  approved  August  30,  1890, 
commonly  known  as  the  "  Morrill  bill,"  shall  be  paid  as  follows:  One-six- 
teenth thereof  for  the  benefit  of  the  Lincoln  Institute  and  one-fourth  of  the 
remainder  to  the  treasurer  of  the  school  of  mines  at  Holla.  Mo. ,  and  the  remainder 
shall  be  paid  to  the  treasurer  of  the  State  university  for  the  benefit  of  the  agricul- 
tural college. 

SEC.  10537.  *  *  *  And  if  the  same  ["property  granted,  given,  or  devised  "] 
be  in  money,  or  after  the  property  is  converted  into  money,  it  shall  be  securely 
invested  and  sacredly  preserved  as  a  part  of  the  public  school  fund,  as  provided 
by  the  constitution  of  this  State,  whether  the  same  be  given  for  the  free  public 
schools  or  for  the  benefit  of  the  University  of  the  State  of  Missouri,  and  the  annual 
income  of  which  fund  shall  be  invested,  reinvested,  appropriated,  and  disbursed 
and  paid  over  according  to  the  terms  of  the  writing  making  such  grant,  gift,  or 
devise,  and  for  no  other  uses  or  purposes  whatsoever. 

SEC.  10538.  For  all  property  or  money  received  under  this  article  by  the  State 
treasurer  he  and  his  sureties  shall  be  responsible  for  the  safe-keeping,  investment, 
reinvestment,  and  disbursement  of  the  same  on  his  official  bond. 

SEC.  10539.  In  all  cases  where  any  such  grant,  devise,  or  bequest,  or  gift  has 
been  made  by  any  person  *  *  *  in  aid  of  the  University  of  the  State  of  Mis- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  97 

souri,  and  from  any  cause  the  terms  of  such  grant,  gift,  devise,  or  bequest  can 
not  be  executed  or  carried  out  according  to  the  terms  and  conditions  of  the  same, 
it  shall  be  lawful  for  the  person  or  persons  having  charge  thereof  or  holding  the 
same  in  trust,  or  any  person  interested  therein,  to  file  a  petition  in  the  circuit 
court  of  the  county  where  such  grantor,  donor,  or  testator  died,  setting  forth  all 
the  facts  connected  therewith,  and,  in  the  discretion  of  the  court  in  which  said 
petition  may  be  filed,  an  order  may  be  made  directing  that  the  amount  of  such 
grant,  gift,  devise,  or  bequest  shall  be  turned  over  to  the  treasurer  of  the  State 
as  a  part  of  the  public  school  fund  [or  of  the  seminary  fund,  as  the  case  maybe?] , 
according  to  the  terms  and  conditions  of  the  article,  and  securely  invested,  rein- 
vested, and  sacredly  preserved;  the  annual  income  on  which  fund  shall  be  faithfully 
appropriated,  as  near  as  may  be,  in  meeting  and  carrying  out  the  purposes  and 
wishes  of  such  grantor,  donor,  devisor,  or  testator,  according  to  the  instrument  of 
writing  making  such  grant,  gift,  devise,  or  bequest. 

SEC.  10540.  The  State  of  Missouri  is  hereby  constituted  the  custodian  and  tras- 
tee  of  all  such  funds,  and  pledges  itself  for  the  safe-keeping,  investment,  and  due 
application  of  all  funds,  with  the  interest  thereon,  which  may  be  deposited  in  the 
treasury  in  pursuance  of  this  article. 

SECS.  10542-10560.  [Refer  to  "the  State  veterinary  surgeon"  and  prescribe  his 
duties.  As  these  sections  appear  in  the  "  Revised  Statutes"  they  form  Article 
V  of  chapter  171,  the  caption  of  which  is,  "State  University."  This  officer  is  a 
subordinate  of  the  State  board  of  agriculture.] 

SEC.  10561.  The  military  department  of  the  University  of  the  State  of  Missouri, 
as  organized  under  section  1225,  Revised  Statutes  of  the  United  States,  and  sec- 
tion 10507  above,  is  created  the  Missouri  State  Military  School. 

SEC.  10562.  The  corps  of  cadets  of  the  Missouri  State  Military  School  shall  con- 
sist of  appointees  of  senators  and  representatives  and  such  students  as  may  vol- 
untarily enter  such  school.  All  appointments  under  this  section  shall  be  for  the 
term  of  two  years.  Each  senator  and  representative  of  the  general  assembly  of 
Missouri  shall  have  power  to  appoint  a  cadet  from  his  district  by  the  1st  day  of 
August  of  each  year,  provided  that  if  there  shall  be  no  application  for  such  cadet- 
ship  in  any  such  district  by  the  1st  day  of  August  in  any  year,  then  such  appoint- 
ment may  be  made  from  any  other  district  in  this  State,  provided  that  in  case  of 
death,  resignation,  or  expulsion  from  the  university  of  any  cadet  from  such  dis- 
trict, the  senator  or  representative  thereof  may  fill  such  vacancy  at  any  time. 
All  appointees  under  this  section  shall  pass  the  required  examination  for  admis- 
sion to  the  university. 

SEC.  10563.  Cadets  receiving  instruction,  as  provided  in  the  preceding  section, 
shall  be  matriculated  in  all  academic  departments  and  in  the  College  of  Agricul- 
ture and  Mechanic  Arts  of  the  university  free  from  tuition  and  other  fees. 

SEC.  10564.  The  corps  of  cadets,  as  provided  in  the  preceding  sections,  shall 
have  the  military  organization  prescribed  for  the  National  Guard  of  the  State  and 
be  reckoned  a  part  thereof,  and  as  such  entitled  to  all  provisions  as  are  or  may  here- 
after be  made  for  the  National  Guard  of  Missouri. 

SEC.  10565.  The  military  government  and  discipline  of  the  cadets  shall  be  pre- 
scribed by  regulations  prepared  by  the  faculty  of  the  university  and  approved  by 
the  governor  of  the  State.  The  officers  of  the  corps  of  cadets  shall  be  appointed 
and  commissioned  by  the  governor  of  the  State  upon  the  recommendation  of  the 
faculty  of  the  university,  and  shall  have  powers  conferred  by  said  regulations. 

SEC.  10566.  Cadets  shall  be  individually  responsible  for  all  State  property  issued 
directly  to  them,  and  shall  constitute  a  guard  for  the  safe-keeping  and  preserva- 
tion of  all  university  property. 

SEC.  290.  All  property  which  shall  pass  by  will  or  by  the  intestate  laws  of  this 
State  from  any  person  who  may  die  seized  or  possessed  of  the  same  while  a  resi- 
dent of  this  State  or  if  decedent  was  not  a  resident  of  this  State  at  the  time  of 
death,  which  property  or  any  part  thereof  shall  be  within  this  State,  or  any  inter- 
est therein  or  income  therefrom  which  shall  be  transferred  by  deed,  grant,  bar- 
gain, sale,  or  gift,  made  or  intended  to  take  effect  in  possession  or  enjoyment 
after  the  death  of  the  grantor,  etc.,  to  any  person  or  persons,  or  to  any  body  poli- 
tic or  corporate,  either  directly  or  in  trust,  or  otherwise,  or  by  reason  whereof  any 
person  or  body  politic  or  corporate  shall  become  beneficially  entitled  in  posses- 
sion or  expectancy  to  any  property  or  the  income  thereof,  other  than  to  or  for  the 
use  of  the  father,  mother,  husband,  wife,  legally  adopted  children,  or  direct  lineal 
descendant  of  the  testator,  intestate,  grantor,  bargainer,  vendor,  or  donor,  except 
property  conveyed  for  some  educational,  charitable,  or  religious  purpose  exclu- 
sively, shall  be  and  is  subject  to  the  payment  of  a  collateral  inheritance  tax  of 
$5  for  each  and  every  $100  of  the  clear  market  value  of  such  property,  and  at 

ED  1903 7 


98  EDUCATION    REPORT,   1903. 

and  after  the  same  rate  for  every  less  amount,  to  be  paid  to  the  collector  of  rev- 
enue of  the  proper  county  (and  for  the  purposes  of  this  article  the  city  of  St.  Louis 
shall  be  affected  through  its  corresponding  officers  as  if  it  were  a  county)  for 
the  use  of  the  State,  as  hereinafter  provided. 

SEC.  302.  [As  amended  by  act  of  March  9,  1901.]  The  moneys  received  by  the 
State  treasurer  under  the  provisions  of  this  article  shall  be  deposited  in  the  State 
treasury  to  the  credit  of  the  fund  now  existing  in  the  State  treasury  and  known 
as  the  "  State  seminary  moneys,"  for  the  maintenance,  support,  and  better  equip- 
ment of  the  buildings,  apparatus,  books,  instruction,  etc.,  of  the  University  of  the 
State  of  Missouri,  to  an  amount  not  exceeding  in  any  one  year  the  equivalent  of 
one-tenth  of  one  mill  upon  every  dollar  of  the  assessed  valuation  of  taxable  prop- 
erty of  this  State  for  the  said  year:  Provided,  that  one-fifth  of  all  such  moneys  so 
received  shall  be  devoted  to  the  use  of  the  School  of  Mines  and  Metallurgy,  a 
department  of  the  said  university:  Provided  further,  That  if  the  net  amount 
deposited  in  any  one  year  by  the  State  treasurer  under  the  provisions  of  this  act 
to  the  credit  of  the  "  State  seminary  moneys  "  be  not  equivalent  to  one-tenth  of 
one  mill  upon  every  dollar  of  the  assessed  valuation  of  taxable  property  of  this 
State  for  the  said  year,  it  shall  be  the  duty  of  the  State  treasurer  to  make  good 
this  deficiency  out  of  the  first  moneys  received  under  the  provisions  of  this  article 
in  the  next  succeeding  year:  Provided  further,  That  all  said  moneys  shall  be  dis- 
bursed in  pursuance  of  regular  appropriations  of  the  general  assembly  in  accord- 
ance with  the  provisions  of  section  5691. 

SEC.  1011.  Nothing  contained  in  this  article  [chapter  12,  private  corporations, 
article  1,  organizations,  general  powers,  duties  and  liabilities,  etc.]  shall  be  con- 
strued to  extend  to  any  county  or  township,  or  to  any  public  university,  academy, 
seminary,  or  school  incorporated  by  the  laws  of  this  State. 

SEC.  7723.  The  curators  of  the  State  University  '  '  shall  report  to  the 

State  superintendent  of  public  schools  on  or  before  the  31st  day  of  August  of  each 
year  concerning  the  condition,  improvements,  and  necessities  of  said  institutions, 
which  report  shall  be  published  as  a  part  of  the  State  superintendent's  annual 
report. 

SEC.  8146.  All  saline  and  seminary  lands,  and  all  lands  granted  to  this  State  by 
an  act  of  Congress  approved  September  4,  1841,  remaining  unsold,  may  be  dis- 
posed of  at  private  sale  in  sections,  half  sections,  quarter  sections,  half  quarter 
sections,  and  quarter  quarter  sections. 

SEC.  8147.  The  person  wishing  to  purchase  any  of  said  lands  shall  pay  into  the 
treasury  of  the  State  the  sum  of  $1.25  per  acre  for  the  tract  he  may  wish  to  pur- 
chase; and  the  treasurer  shall  give  to  the  person  thus  paying  duplicate  certificates 
stating  the  amount  of  money  received,  from  whom  received,  the  section  or  subdi- 
vision of  a  section  sold,  the  township  and  range,  and  number  of  acres. 

SEC.  8398.  It  shall  be  the  duty  of  the  governor,  on  or  before  the  1st  day  of 
December,  in  the  year  1882,  and  every  two  years  thereafter,  to  appoint  a  special 
committee  of  three  persons,  consisting  of  one  member  of  the  State  senate  and  two 
members-elect  of  the  house  of  representatives,  whose  duty  it  shall  be  to  visit  and 
examine  the  asylums,  State  University,  and  other  institutions  of  the  State,  except 
those  at  the  seat  of  government. 

SEC.  8399.  The  committee  appointed  under  the  provisions  of  this  article  shall 
meet  at  the  city  of  Jefferson  at  such  time  as  may  be  designated  by  the  governor, 
and,  after  first  taking  the  oath  of  office  prescribed  for  members  of  the  general 
assembly,  shall  proceed  to  the  seat  of  government;  and  such  committee  shall  be 
authorized  to  employ  one  expert  accountant  to  assist  them  in  their  work. 

SEC.  8400.  The  committee  shall  be  authorized  to  administer  oaths  and  examine 
persons  under  oath  touching  the  management  and  administration  of  the  affairs  of 
said  institutions,  and  shall  have  free  access  to  all  the  papers,  books,  and  records 
of  said  institutions;  and  such  committee  shall  make  a  report  of  such  visitation 
and  examination  to  the  general  assembly  within  ten  days  after  tlie  organization 
of  each  regular  session  thereof,  showing  the  condition  and  management  of  said 
institutions,  the  receipts  of  money  from,  all  sources,  and  the  disbursement  of  the 
same,  and  such  other  facts  and  recommendations  as  may  be  deemed  pertinent  for 
the  information  of  the  general  assembly. 

SEC.  8401.  Each  member  of  such  committee  and  their  accountant  shall  receive 
the  sum  of  $5  per  day  for  the  time  actually  and  necessarily  employed  in  the  per- 
formance of  the  duties  required  under  this  article,  and  also  their  actual  traveling 
expenses  necessarily  incurred  while  in  the  performance  of  such  duty — a  statement 
of  the  number  of  days  employed  and  the  items  of  such  expenses  to  be  returned  to 
the  chairman  of  such  committee — and  the  same  shall  be  audited  and  allowed  by 
the  State  auditor  out  of  the  contingent  expenses  of  the  general  assembly,  on  the 
certificate  of  the  chairman  of  the  committee,  approved  by  the  governor. 


LAWS    EELATING    TO    LAND-GEANT    COLLEGES.  99 

SEC.  10005.  There  is  hereby  established,  in  connection  with  the  Lincoln  Institute 
at  Jefferson  City  [originally  a  colored  normal  school] ,  an  academic  department 
for  the  higher  education  of  the  negro  race,  including  a  college  and  a  preparatory 
school  for  said  college,  to  be  under  the  control  of  the  board  of  regents  of  said 
institute. 

SEC.  10006.  Said  board  may  from  time  to  time,  and  as  the  growing  necessities 
of  this  department  may  demand,  introduce  such  studies  as  are  pursued  in  the  aca- 
demic department  of  the  State  University;  shall  employ  necessary  instructors; 
shall  confer  by  diploma  such  degrees  as  are  usually  conferred  upon  students  and 
graduates  of  colleges,  and  shall  have  power  to  make  such  rules  and  regulations 
not  in  conflict  with  the  laws  of  this  State  as  they  may  deem  necessary  for  the  man- 
agement of  said  academic  department. 

SEC.  10007.  The  president  of  the  board  of  regents  shall,  in  addition  to  his  annual 
report  to  the  State  superintendent  of  public  schools,  as  required  by  law,  report  in 
like  manner  the  condition  of  the  said  academic  department. 

SEC.  10008.  There  is  hereby  established  [laws  1891]  as  a  department  of  Lincoln 
Institute  an  industrial  school,  in  order  that  the  negro  youths  of  this  State  may 
receive  instruction  in  those  branches  of  study  relating  to  agriculture  and  the 
mechanic  arts,  and  thereby  fit  themselves  to  engage  in  the  useful  trades. 

SEC.  10009.  The  said  industrial  department  shall  be  under  the  control  of  the 
board  of  regents  of  Lincoln  Institute,  who  shall  employ  teachers,  confer  by  diploma 
such  degrees  as  are  usually  conferred  in  schools  of  a  similar  character,  and  shall 
have  power  to  make  such  rules  and  regulations  as  they  may  deem  necessary  for 
the  government  of  this  department. 

SEC.  10010.  The  president  of  the  board  of  regents  of  Lincoln  Institute  shall,  in 
addition  to  his  annual  report  to  the  State  superintendent,  report  in  like  manner 
the  condition  of  the  said  industrial  department. 

SHC.  10011.  The  Agricultural  and  Mechanical  College  and  the  School  of  Mines 
and  Metallurgy  of  the  State  of  Missouri,  established  exclusively  for  the  benefit  of 
white  students,  shall  receive  annually  such  proportion  of  the  money  granted  to 
the  States  and  Territories  for  the  more  complete  endowment  and  support  of  the 
colleges  for  the  benefit  of  agriculture  and  mechanic  arts,  as  provided  in  an  act  of 
Congress  approved  August  30, 1890,  as  the  whole  number  of  white  children  of 
school  age  (as  appears  by  an  annual  return  of  the  enumeration  of  such  children 
to  the  State  superintendent  of  public  instruction)  may  bear  to  the  whole  number 
of  such  school  age,  both  white  and  black,  as  may  appear  by  said  annual  return  to 
the  State  superintendent,  as  above  provided,  and  the  agricultural  and  mechanical 
college  established  by  the  provisions  of  this  article  at  Lincoln  Institute,  for  the 
exclusive  benefit  of  colored  students,  shall  receive  the  residue  of  said  money 
granted,  to  be  received  and  paid  out  as  provided  by  section  10013. 

SEC.  10012.  [Requires  the  superintendent  of  public  instruction  to  certify  cor- 
rectly the  statistics  required  in  section  10011  to  the  Secretary  of  the  Interior  of 
the  United  States.] 

SEC.  10013.  [Requires  the  State  treasurer  to  pay  "  to  each  of  said  colleges  its 
just  and  proper  proportion,  as  provided  by  section  10011,  upon  the  order  of  the 
treasurers  of  each  or  other  proper  and  legal  authority."] 

SEC.  10014.  The  passage  of  this  article  and  the  execution  in  good  faith  of  the  pro- 
visions of  the  same  shall  be  deemed  to  all  intents  and  purposes  a  full  and  com- 
plete assent  on  the  part  of  the  State  of  Missouri  to  the  act  of  Congress  granting 
said  money  for  the  purposes  aforesaid,  as  required  by  section  2  of  said  act  of 
Congress  approved  August  30,  1890,  with  all  the  conditions  and  limitations 
imposed  by  said  last-recited  act  of  Congress  upon  the  State  of  Missouri,  and  the 
State  of  Missouri  pledges  its  faith  and  credit  that  it  will  on  its  part  carry  out 
and  execute  said  conditions  and  limitations. 

SEC.  10015.  [Requires  the  secretary  of  state,  when  requested  by  the  board  of 
regents  of  Lincoln  Institute,  to  forward  to  the  Secretary  of  the  Interior  of  the 
United  States  a  certified  copy  of  the  act  relating  to  the  subsidy  of  1890,  and,  fur- 
ther, to  notify  him  when  the  buildings  are  ready  for  use.] 

Laws  of  1901.  [Appropriation  act  for  the  years  1901  and  1902  carries  $5,000  for 
the  support  of  the  State  cadets  at  the  State  University,  one-half  or  less  to  be 
expended  in  each  year  of  the  biennial  period  which  appropriation  covers;  for  the 
support,  maintenance,  and  improvement  of  the  State  University  at  Columbia, 
$152,700,  in  addition  to  the  regular  income  provided  by  law.  For  the  support 
and  maintenance  of  the  Rolla  School  of  Mines,  $32,000;  for  the  support,  mainte- 
nance, and  improvement  of  the  Lincoln  Institute,  at  Jefferson  City,  Mo.,  $42,590.] 

Ibid.,  act  of  April  17,  1S01:  SECTION  1.  In  orderto  aid  in  the  development  of  the 
dairy  industry  of  this  State,  there  is  hereby  established  in  the  College  of  Agricul- 


100  EDUCATION   EEPOET,  1903. 

ture  and  Mechanic  Arts  of  the  University  of  the  State  of  Missouri  a  chair  of  dairy 
husbandry. 

SEC.  2.  The  board  of  curators  of  the  university  shall,  as  soon  as  possible  after 
the  taking  effect  of  this  act,  fill  this  chair  by  the  appointment  of  a  well-recognized 
expert  in  all  matters  pertaining  to  dairying  and  dairy  husbandry. 

SEC.  3.  The  duties  of  the  professor  of  dairy  husbandry,  provided  for  in  the 
foregoing  sections,  shall  be  to  give  instructions  in  the  practical  details  of  the 
selection,  breeding,  feeding,  and  management  of  dairy  herds,  of  the  production 
of  milk  at  the  least  cost,  of  the  manufacture  of  butter,  the  different  kinds  of 
cheese,  and  the  marketing  of  the  same,  to  the  farmers  of  the  State  by  means  of 
public  lectures  and  practical  demonstrations  throughout  the  State,  through  the 
farmers'  institutes,  the  public  press,  and  the  issuing  of  reports  and  bulletins  on 
these  subjects;  also  to  give  instructions  in  all  these  subjects  and  in  creamery  man- 
agement to  the  students  in  the  agricultural  college  of  the  university.  It  shall  be 
the  further  duty  of  the  professor  of  dairy  husbandry  to  make  such  experiments 
in  the  breeding  and  feeding  of  dairy  cattle,  in  the  handling  of  milk,  and  in  the 
manufacture  of  butter  and  cheese  at  the  experiment  station  as  may  be  deemed 
[advisable?]  by  the  dairy  interests  of  the  State  and  that  the  board  of  curators  may 
direct. 

SEC.  4.  [Appropriates  $5,000.] 


MONTANA. 

Constitution,  Article  XI:  SEC.  9.  No  religioiis  or  partisan  test  or  qualification 
shall  ever  be  required  of  any  person  as  a  condition  of  admission  into  any  public 
educational  institution  of  the  State,  either  as  teacher  or  student;  nor  shall  attend- 
ance be  required  at  any  religious  service  whatever;  nor  shall  any  sectarian  tenets 
be  taught  in  any  public  educational  institution  of  the  State;  nor  shall  any  person 
be  debarred  admission  to  any  of  the  collegiate  departments  of  the  university  on 
account  of  sex. 

SEC.  11.  The  general  control  and  supervision  of  the  State  University  and  the 
various  other  State  educational  institutions  shall  be  vested  in  a  State  board  of  edu- 
cation, whose  powers  and  duties  shall  be  prescribed  and  regulated  by  law.  The 
said  board  shall  consist  of  11  members,  the  governor,  State  superintendent  of  pub- 
lic instruction,  and  attorney-general  being  members  ex  officio;  the  other  eight 
members  thereof  shall  be  appointed  by  the  governor,  subject  to  the  confirmation 
of  the  Senate,  under  the  regulations  and  restrictions  to  be  provided  by  law. 

SEC.  12.  The  funds  of  the  State  University  and  of  all  other  State  institutions  of 
learning,  from  whatever  source  accruing,  shall  forever  remain  in  violate  and  sacred 
to  the  purpose  for  which  they  were  dedicated.  The  various  funds  shall  be  respec- 
tively invested  under  such  regulations  as  may  be  prescribed  by  law,  and  shall  be 
guaranteed  by  the  State  against  loss  or  diversion.  The  interest  of  said  invested 
funds,  together  with  the  rents  from  leased  lands  or  properties,  shall  be  devoted  to 
the  maintenance  and  perpetuation  of  these  respective  institutions. 

[The  following  matter  is  taken  from  "The  Codes  and  Statutes  of  Montana  in  force  July  1,1895, 
as  amended  and  adopted  by  the  fourth  legislative  assembly,  together  with  other  laws  continued 
in  force,  compiled  by  D.  T.  Wade,  commissioner,  annotated."  2  vols.  Butte,  Mont.,  1895.] 

SEC.  1620.  The  Agricultural  College  of  Montana  is  established  and  located  at 
,  and  has  for  its  object  instruction  and  education  in  the  English  language,  lit- 
erature, and  mathematics,  civil  and  mechanical  engineering,  agricultural  chem- 
istry, animal  and  vegetable  anatomy  and  physiology,  the  veterinary  art,  entomol- 
ogy » geology ,  and  such  other  natural  sciences  as  may  be  prescribed  by  the  State  board 
of  education,  political,  rural,  and  household  economy,  agriculture,  horticulture, 
moral  philosophy,  history,  bookkeeping,  and  especially  the  application  of  science 
and  the  mechanical  arts  to  practical  agriculture  in  the  field,  and  irrigation  and 
the  use  of  water  for  agricultural  purposes.  Such  agricultural  college  may  be 
connected  with  the  State  University,  under  such  regulations  as  the  State  board  of 
education  may  prescribe. 

SEC.  1621.  The  control  and  supervision  of  such  college  is  vested  in  the  State 
board  of  education,  which  may  prescribe  all  rules  therefor. 

SEC.  1622.  The  Agricultural  College  of  the  State  of  Montana  is  established  and 
located  at  the  city  of  Bozeman,  or  within  3  miles  of  the  corporate  limits  of  said 
city,  upon  such  tract  or  tracts  of  land,  conforming  in  the  aggregate  not  less  than 
80  acres,  and  as  much  more  as  shall  be  selected  by  the  State  board  of  education, 
as  hereinafter  provided;  and  said  college  has  for  its  leading  objects  and  purposes, 
without  excluding  other  scientific  and  classical  studies,  and  including  military 


LAWS   RELATING   TO    LAND-GRANT    COLLEGES.  101 

tactics,  to  teach  such  branches  of  learning  as  are  related  to  agriculture  and  the 
mechanic  arts,  in  such  manner  as  the  State  board  of  education  and  any  subor- 
dinate boards,  by  such  State  board  appointed,  may  prescribe. 

SEC.  1623.  It  shall  be  the  duty  of  the  State  board  of  education,  within  ninety 
days  from  the  date  of  the  passage  of  this  act,  if  then  organized,  but  if  not  organ- 
ized then  within  ninety  days  from  the  organization  of  the  said  board,  to  select  the 
site  for  the  definite  and  permanent  location  of  said  Agricultural  College  of  Mon- 
tana and  agricultural  experiment  station,  which  site  shall  be  at  the  city  of 
Bozeman,  or  within  3  miles  of  the  corporate  limits  of  said  city  of  Bozeman;  and 
said  State  board  of  education  shall  at  once  take  steps  or  proceedings  for  procuring 
the  title  to  the  tract  or  tracts  of  land  so  selected  by  them,  and  they  may  and  are 
hereby  empowered  to  enter  into  contracts,  in  the  name  of  the  State  of  Montana, 
for  the  purchase  of  said  tract  or  tracts  of  land  so  selected,  and  may  execute  such 
obligations  for  the  payment  of  the  same  as  will  mature  when  the  probable  income 
from  the  fund  of  said  agricultural  college  and  agricultural  experiment  station,  or 
either  of  them,  will  pay  for  the  same.  The  said  State  board  of  education  are 
hereby  authorized  and  empowered  to  accept,  in  the  name  of  the  State  of  Montana, 
such  gifts  of  land  and  money  as  may  be  tendered  to  aid  in  the  purchase  of  said 
site.  They  shall  appropriate  the  same  to  that  purpose  and  take  the  proper  and 
necessary  conveyances  of  said  tract  or  tracts  of  land  in  the  name  of  the  State. 
All  lands  and  money  acquired  as  provided  in  this  section  shall  be  taken  and  held 
for  the  sole  use  and  benefit  of  said  agricultural  college  and  said  agricultural 
experiment  station. 

SEC.  1624.  The  general  control  and  supervision  of  such  college  is  vested  in  the 
State  board  of  education,  which  board  may  prescribe  all  rules  therefore 

SEC.  1625.  The  governor,  by  and  with  the  advice  and  consent  of  the  State  board 
of  education,  may  designate  and  appoint  an  executive  board,  consisting  of  five 
members,  at  least  three  of  whom  shall  be  residents  of  the  county  wherein  said 
institution  is  situated,  which  executive  board  shall  have  the  immediate  direction 
and  control  of  the  affairs  of  said  college,  subject  only  to  the  general  supervision 
and  control  of  said  State  board  of  education.  Such  executive  board  shall  serve 
during  the  term  of  the  State  board  of  education,  unless  sooner  removed. 

SEC.  1626.  The  executive  board  is  authorized  to  choose  and  appoint  a  president 
and  faculty  of  said  college,  who  shall  serve  as  such  for  such  time  and  receive 
snch  compensation  as  the  executive  board  may  prescribe,  subject  to  the  approval 
of  the  State  board  of  education. 

SEC.  1627.  The  executive  board  shall  appoint  a  secretary  thereof,  who  may  also 
act  as  treasurer  of  said  board  and  who  may  not  be  a  member  thereof,  and  such 
secretary  and  treasurer  shall  give  bond  with  good  and  sufficient  surety  for  the 
faithful  performance  of  his  duties  as  such  and  for  the  faithful  accounting  for 
and  paying  over  to  the  said  State  board  of  education,  to  and  for  the  use  of  said 
college,  all  moneys  received  by  him  as  treasurer,  in  such  sums  as  said  State  board 
of  education  may  prescribe. 

SEC.  1628.  There  is  also  located  and  established  on  the  lands  so  to  be  selected  by 
the  State  board  of  education,  in  connection  with  said  agricultural  college  and 
under  its  direction,  an  agricultural  experiment  station,  to  aid  in  acquiring  and 
diffusing  among  the  people  of  the  State  of  Montana  useful  and  practical  informa- 
tion on  subjects  connected  with  agriculture,  and  to  promote  scientific  investiga- 
tion and  experiments  respecting  the  principles  and  application  of  agricultural  sci- 
ence, which  experiment  station  is  established  under  and  by  virtue  of  the  author- 
ity contained  in  the  act  of  Congress  entitled  "An  act  to  establish  agricultural 
experiment  stations  in  connection  with  the  colleges  established  in  the  several 
States,  under  the  provisions  of  an  act  approved  July  2, 1862,  and  of  the  acts  supple- 
mentary thereto,"  approved  March  2,  1887,  and  the  provisions,  donations,  and 
benefits  contained  in  said  act  of  Congress,  and  in  all  other  acts  of  Congress  relat- 
ing to  agricultural  experiment  stations  and  agricultural  colleges  now  in  force  and 
all  acts  supplementary  thereto  or  amendatory  thereof  are,  by  the  State  of  Mon- 
tana, hereby  accepted  and  adopted. 

SEC.  1629.  Said  agricultural  experiment  station  is  hereby  placed  under  the  super- 
vision and  control  of  the  State  board  of  education,  and  the  executive  or  subordi- 
nate board  or  authority  who  may  be  by  the  governor,  by  and  with  the  consent 
and  advice  of  the  State  board  of  education,  appointed. 

SEC.  1630.  The  State  board  of  land  commissioners  of  the  State  of  Montana  is 
hereby  authorized  to  issue  bonds  to  the  amount  of  $100,000;  the  minimum  denomi- 
nation of  such  bonds  shall  be  $350  and  the  maximum  denomination  $1,000  each, 
said  bonds  to  be  known  as  the  "  Montana  Agricultural  College  bonds,"  to  bear  date 

«Cf.  section  1621. 


102  EDUCATION   EEPOET,  1903. 

July  1,  1895,  to  become  due  twenty-five  years  after  date,  and  payable  after  ten 
years  after  date  thereof;  said  bonds  shall  bear  interest  at  the  rate  of  not  more 
than  6  per  cent  per  annum,  pay  able  seiniannually  on  the  1st  day  of  January  and 
July  of  each  year  at  the  office  of  the  State  treasurer  of  the  State  of  Montana. 
Said  bonds  shall  run  from  the  State  board  of  land  commissioners  of  the  State  of 
Montana  to  bearer,  and  shall  be  signed  by  the  State  board  of  land  commissioners 
and  countersigned  by  the  secretary  of  state,  who  shall  attach  his  seal  thereto. 

SEC.  1631.  The  bonds  provided  for  in  section  1630  shall  be  issued  and  sold  as 
soon  as  possible  after  the  passage  of  this  act. 

SEC.  1632.  All  funds  realized  from  the  sale  or  leasing  of  the  lands  (being  50,000 
acres)  granted  by  the  United  States  to  the  State  of  Montana  for  the  establish- 
ment and  maintenance  of  an  agricultural  college,  under  and  by  virtue  of  the  provi- 
sions of  section  17  of  the  act  of  Congress,  approved  February  22, 1889,  entitled  "An 
act  to  provide  for  the  division  of  Dakota  into  two  States,  and  to  enable  the  people 
of  North  Dakota,  South  Dakota,  Montana,  and  Washington  to  form  constitutions 
and  State  governments,  and  to  be  admitted  into  the  Union  on  equal  footing  with  the 
original  States,  and  to  make  donations  of  public  lands  to  such  States,"  are  hereby 
pledged  as  security  for  the  payment  of  the  principal  and  interest  of  the  bonds 
authorized  by  this  act  [section  16301 ,  and  all  moneys  or  revenue  derived  from  the 
said  lands  or  from  any  of  them,  whether  on  account  of  sale,  lease,  sales  of  tim- 
ber, or  otherwise,  are  hereby  set  apart  and  shall  constitute  a  fund  for  the  payment, 
as  hereinafter  provided,  of  the  principal  and  interest  of  the  said  bonds,  which 
bonds  shall  be  a  first  lien  on  said  agricultural  college  bond  fund. 

SEC.  1633.  It  shall  be  the  duty  of  the  State  treasurer  to  keep  all  moneys  derived 
from  the  agricultural  college  lands  hereinbefore  mentioned  in  a  separate  fund, 
to  be  known  and  designated  as  the  "  agricultural  college  bond  fund,"  and  out  of 
the  money  in  such  funds  he  shall  pay,  after  approval  by  the  State  board  of  exam- 
iners (a)  the  cost  and  expenses  of  the  issuing  of  the  bonds  herein  provided  for; 
(6)  the  interest  on  the  bonds  herein  authorized,  when  due;  and  (c)  when  such 
bonds  shall  become  payable  he  shall  call  in  and  pay  them  as  rapidly  as  the 
money  in  such  fund  will  permit,  after  providing  for  the  interest.  That  in  the 
event  there  shall  not  be  sufficient  funds  in  the  agricultural  college  bond  fund  to 
pay  the  interest  when  due,  the  board  of  State  examiners  shall,  by  an  order  entered 
upon  their  minutes,  cause  warrants  to  be  issued  on  the  agricultural  college  bond 
fund  for  the  amount  of  the  interest  due;  and  the  warrants  so  issued  shall  draw  inter- 
est at  the  rate  of  6  per  cent  per  annum;  and  said  warrants  shall  be  paid  by  the 
treasurer  as  soon  as  sufficient  funds  accumulate  in  said  fund  to  pay  the  same;  and 
by  reason  of  the  delivery  of  said  warrants  to  the  holders  of  said  bonds,  in  satis- 
faction of  accrued  interest,  there  shall  be  no  default  in  the  payment  of  interest. 

Ssc.  1634.  It  shall  be  the  duty  of  the  State  treasurer  to  give  notice,  by  adver- 
tising, for  not  less  than  two  weeks,  daily,  in  one  newspaper  published  in  the  city 
of  Helena,  Mont. ,  and  in  one  newspaper  published  in  the  city  of  New  York,  N.  Y., 
that  he  will  on  the  2d  day  of  April,  1895,  sell  $100,000  of  the  bonds  herein 
authorized,  and  will  receive  bids  therefor,  and  said  bonds  shall  on  said  day  be  by 
him  sold  to  the  highest  bidder. 

SEC.  1635.  The  money  derived  from  the  sale  of  said  bonds  shall  be  used  to  erect, 
furnish,  and  equip  buildings  for  the  use  and  benefit  of  the  Agricultural  College  of 
the  State  of  Montana,  at  the  city  of  Bozeman,  in  said  State. 

SEC.  1636.  Immediately  upon  the  receipt  of  the  money,  the  proceeds  of  the  sale 
of  said  bonds,  the  State  treasurer  shall  turn  over  the  same  to  the  treasurer  of  the 
agricultural  college,  and  it  shall  be  disbursed  by  him  on  orders  of  the  executive 
board  of  the  said  agricultural  college  in  the  erection  and  furnishing  of  a  suitable 
building  or  buildings  for  the  use  and  benefit  of  the  agricultural  college  upon  plans 
and  specifications  first  submitted  to  and  approved  by  the  State  board  of  education: 
Provided,  however,  That  the  general  supervision  of  the  construction  and  erection 
of  such  building  or  buildings  and  the  furnishing  and  equipping  thereof  shall  be 
under  the  control  of  the  State  board  of  education. 

SEC.  1637.  Nothing  in  this  act  shall  be  so  construed  as  to  in  any  wise  hold  the 
State  of  Montana  liable  for  the  payment  of  the  bonds  herein  authorized  or  interest 
thereon. 

Laws,  Resolutions,  and  Memorials,  1897:  Appropriation  bill  carries  an  item  of 
$10,500  for  maintenance  and  furnishing  of  agricultural  college. 

Ibid.,  1899:  Appropriates  $12,660  for  furnishing  and  fitting  the  agricultural 
college. 

Ibid. ,  1901 :  Appropriates  for  1901 ,  $10.000  for  maintenance  and  $15.000  for  steam- 
heating  plant;  for  1902.  $10.000  for  maintenance,  $2,000  for  irrigation,  and  $2,500 
for  the  erection  of  a  dairy  department. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  103 

NEBRASKA. 

Constitution  of  1875,  Article  VIII:  SECTION  1.  The  governor,  secretary  of  state,., 
treasurer,  attorney-general,  and  commissioner  of  public  lands  and  buildings  shall,, 
under  the  direction  of  the  legislature,  constitute  a  board  of  commissioners  for  the 
sale,  leasing,  and  general  management  of  all  lands  and  funds  set  apart  for  educa- 
tional purposes  and  for  the  investment  of  school  funds  in  such  manner  as  may  be 
prescribed  by  law. 

SEC'.  2.  All  lands,  money,  or  other  property  granted  or  bequeathed  or  in  any 
manner  conveyed  to  this  State  for  educational  purposes  shall  be  used  and  expended 
in  accordance  with  the  terms  of  such  grant,  bequest,  or  conveyance. 

SEC.  8.  University,  agricultural  college,  common  school,  or  other  lands  which 
are  now  held  or  may  hereafter  be  acquired  by  the  State  for  educational  purposes 
shall  not  be  sold  for  less  than  $7  per  acre,  nor  less  than  the  appraised  value. 

SEC.  9.  All  funds  belonging  to  the  State  for  educational  purposes  the  interest, 
and  income  whereof  only  are  to  be  used  shall  be  deemed  trust  funds  held  by  the 
State,  and  the  State  shall  supply  all  losses  thereof  that  may  in  any  manner  accrue,, 
so  that  the  saino  shall  remain  forever  inviolate  and  undiininished,  and  shall  not 
be  invested  or  loaned  except  on  United  States  or  State  securities  or  registered 
county  bonds  of  this  State;  and  such  funds,  with  the  interest  and  income  thereof r. 
are  hereby  solemnly  pledged  for  the  purposes  for  which  they  are  granted  and  set 
apart,  and  shall  not  be  transferred  to  any  other  fund  for  other  purposes. 

Si-1.  10.  The  general  government  of  the  University  of  Nebraska  shall,  under 
direction  of  the  legislature,  be  vested  in  a  board  of  six  regents,  to  be  styled  "  the 
board  of  regents  of  the  University  of  Nebraska,"  who  shall  be  elected  by  the  electors- 
of  the  State  at  large,  and  their  term  of  office,  except  those  chosen  at  the  first  elec- 
tion as  hereinafter  provided,  shall  be  six  years.  Their  duties  and  powers  shall  be 
prescribed  by  law,  and  they  shall  receive  no  compensation,  but  may  be  reimbursed 
their  actual  expenses  incurred  in  the  discharge  of  their  duties. 

.11.  No  sectarian  instruction  shall  be  allowed  in  any  school  or  institution 
supported  in  whole  or  in  part  by  the  public  funds  set  apart  for  educational  pur- 
poses, nor  shall  the  State  accept  any  grant,  conveyance,  or  bequest  of  money r 
lands,  or  other  property  to  be  used  for  sectarian  purposes. 

[The  following  unit  t  -r  h  is  been  taken  from  "  The  compiled  statutes  of  the  State  of  Nebraska^ 
1881,  with  amendments.  1882  to  1901,  comprising  all  lawsof  a  general  nature  in  force  July  1,  1901, 
published  undvr  Hie  authority  of  the  legislature  by  Guy  A.  Brown  and  Hiland  H.  Wheeler," 
Lincoln,  Nebr.,  1901.] 

SKC.  5503.  There  shall  be  established  in  this  State  an  institution  under  the  name 
and  style  of  The  University  of  Nebraska. 

SEC.  5204.  The  object  of  such  institution  shall  be  to  afford  to  the  inhabitants  of 
this  State  the  means  of  acquiring  a  thorough  knowledge  of  the  various  branches, 
of  literature,  science,  and  the  arts. 

SEC.  5205.  The  general  government  of  the  university  shall  be  vested  in  a  board 
of  six  regents,  elected  by  the  electors  of  the  State  at  large,  according  to  the  pro- 
visions of  the  constitution  of  1875.  Vacancies  occurring  in  the  board  between  one 
general  election  and  another  may  be  filled  by  the  governor:  Provided,  always, 
That  any  person  thus  appointed  to  fill  a  vacancy  shall  hold  his  office  until  the  next 
general  election  succeeding  his  appointment  and  no  longer. 

SEC.  5206.  The  board  of  regents  shall  have  full  power  to  appoint  their  own  pre- 
siding officer  and  secretary;  and  they  shall  constitute  a  body  corporate  to  be 
known  as  "  The  regents  of  the  University  of  Nebraska,"  and  as  such  may  sue 
and  be  sued,  and  may  make  and  use  a  common  seal  and  alter  the  same  at  pleas- 
ure. They  may  acquire  real  and  personal  property  for  the  use  of  the  university 
and  may  dispose  of  the  same  whenever  the  university  can  be  advantaged  thereby: 
Provided.  They  shall  never  dispose  of  grounds  upon  which  buildings  of  the  uni- 
versity are  located  without  consent  of  the  legislature. 

SEC.  5207.  The  regents  shall  have  power,  and  it  is  made  their  duty,  to  enact 
laws  for  the  government  of  the  university;  to  elect  a  chancellor,  who  shall  be  the 
chief  educator  of  the  institution,  and  the  prescribed  number  of  professors  and 
tutors  and  a  steward;  to  prescribe  the  duties  of  all  the  prof essors  and  officers  and 
to  fix  their  compensation.  They  shall  have  power  to  remove  any  professor  or 
officer,  but  only  upon  the  proof  of  written  charges  and  after  affording  to  the  per- 
son complained  against  an  opportunity  for  defense. 

SEC.  5208.  That  on  and  after  the  publication  of  this  act  the  professor  of  botany 
at  the  State  University  shall  be  ex  officio  the  acting  State  botanist;  the  professor 
of  geology  shall  be  ex  officio  the  acting  State  geologist;  the  professor  of  chemistry 
shall  be  ex  officio  the  acting  State  chemist,  and  the  professor  of  entomology  shall 
be  ex  officio  the  acting  State  entomologist. 


104  EDUCATION   REPORT,  1903. 

SEC.  5209.  It  shall  be  the  duty  of  these  members  of  the  faculty  to  give  special 
attention  to  the  interests  of  this  State  in  their  respective  departments,  to  furnish 
all  information  requested  by  any  official  of  this  State,  and  to  properly  arrange 
and  exhibit  the  collections  in  their  departments,  or  some  portion  of  these  collec- 
tions, with  special  reference  to  showing  the  varied  resources  of  this  Sate:  Pro- 
vided, That  this  work  shall  be  so  conducted  as  not  to  interfere  with  their  original 
duties  as  instructors  at  the  university. 

SEC.  5210.  No  compensation  shall  be  claimed  or  allowed  on  account  of  services 
rendered  under  the  provisions  of  this  act. 

SEC.  5211.  The  university  may  embrace  five  departments,  to  wit:  (1)  A  college 
of  literature,  science,  and  art;  (2)  an  industrial  college,  embracing  agriculture, 
practical  science,  civil  engineering,  and  the  mechanic  arts;  (3)  a  college  of  law; 
(4)  a  college  of  medicine;  (5)  a  college  of  the  fine  arts. 

SEC.  5212.  The  rogents  shall  be  empowered  to  establish  in  these  several  colleges 
such  chairs  of  instruction  as  may  be  proper  and  so  many  of  them  as  the  f  unfits  of 
the  university  may  allow.  They  shall  also  be  authorized  to  require  professors  to 
perform  duties  in  more  than  one  of  the  several  colleges  whenever  they  shall  deem 
it  wise  and  proper  so  to  do. 

SEC.  5213.  The  governor  shall  set  apart  two  sections  of  any  agricultural-college 
land  or  saline  land  belonging  to  the  State,  and  shall  notify  the  State  land  commis- 
sioner of  such  reservation,  for  the  purpose  of  a  model  farm  as  u  part  of  the  college 
of  agriculture,  and  such  land  so  set  apart  shall  not  be  disposed  of  for  any  other 
purpose. 

SEC.  5214.  The  several  buildings  of  the  university  shall  all  be  erected  within  a 
radius  of  4  miles  from  the  statehouse. 

SEC.  5215.  The  regents  shall,  when  the  number  of  students  in  any  particular 
branch  of  study  shall  require,  elect  one  or  more  tutors  to  give  instruction  in  such 
branch  of  study,  but  such  tutors  shall  not  be  considered  as  belonging  to  the  faculty 
of  the  college  in  which  they  may  be  employed. 

SEC.  5216.  The  immediate  government  of  each  college  shall  be  by  its  own  faculty, 
which  shall  consist  of  the  professors  therein,  but  no  course  of  study  shall  be 
adopted  or  series  of  text-books  used  without  the  approval  of  the  board  of  regents. 

SEC.  5217.  The  board  of  regents  shall  have  exclusive  authority  to  confer  degrees 
and  grant  diplomas,  but  each  college  may,  in  its  discretion,  grant  rewards  of  merit 
to  its  own  students.  No  student  shall,  upon  graduation,  receive  any  diploma  or 
degree  unless  he  shall  have  been  recommended  for  such  honor  by  the  faculty  of 
the  college  in  which  he  shall  have  pursued  his  studies.  The  regents  shall  also  have 
power  to  confer  the  usual  honorary  degrees  upon  other  persons  than  graduates  of 
this  university  in  recognition  of  their  learning  or  devotion  to  literature,  science, 
or  art,  but  no  degree  shall  be  conferred  in  consideration  of  the  payment  of  money 
or  other  valuable  thing. 

SEC.  5218.  The  fee  of  admission  to  any  college  in  the  university  shall  be  $5  each 
for  all  persons,  and  the  amount  arising  therefrom,  together  with  all  other  tuition 
fees,  shall  be  paid  into  the  hands  of  the  university  treasurer,  and  shall  be  held  as 
a  library  fund,  and  the  board  of  regents  shall  annually  appropriate  the  same  for 
the  purchase  of  books  for  the  university  library.  A  reasonable  course  of  study 
shall  be  prescribed  by  the  board  of  regents  precedent  to  admission,  and  no  appli- 
cant who  shall  fail  to  pass  an  examination  in  any  part  of  such  course  shall  be 
admitted:  Provided,  Any -person  who  shall  produce  a  certificate  from  a  county 
superintendent  of  common  schools  that  he  has  passed  honorably  through  the  course 
of  study  prescribed  in  a  high  school  under  the  common  school  laws  of  the  State 
may  be  admitted  without  further  examination. 

SEC.  5219.  All  persons  residing  within  the  State,  and  who  shall  fill  the  require- 
ments of  the  preceding  section,  maybe  admitted  to  any  organized  college  of  the 
university,  and  students  entering  the  college  of  literature,  science,  and  art  or  the 
industrial  college  shall  not  be  required  to  pay  any  other  tuition  fee  than  the 
matriculation  fet  during  the  term  of  four  years.  All  other  students  in  these  col- 
leges and  all  who  elect  to  remain  under  instruction  for  a  longer  term  than  four 
years  shall  be  required  to  pay  such  fees  as  the  board  of  regents  may  determine. 
Students  maybe  admitted  to  the  colleges  of  law,  medicine,  and  fine  arts  upon  such 
terms  and  be  required  to  pay  such  tuition  and  fees  as  the  board  of  regents  may 
determine.  Persons  not  residents  of  this  State  may  be  admitted,  to  the  privileges 
of  the  university  in  any  college  or  department  thereof,  if  otherwise  qualified,  upon 
such  terms  as  to  the  payment  of  tuition  and  other  fees,  in  addition  to  a  matricula- 
tion fee,  as  the  board  of  regents  may  prescribe. 

SEC.  5220.  The  regents  shall  procure  all  text-books  to  be  used  in  the  university 
and  shall  furnish  them  to  students  at  cost.  The  regents  may.  upon  proper  evi- 
dence of  the  good  character  of  any  student  and  his  or  her  ambition  to  acquire  an 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  105 

% 

education  and  inability  to  provide  his  or  her  own  means  therefor,  donate  to  such 
student  all  text-books  he  or  she  may  need,  and  by  a  two-thirds  vote  may  appro-, 
priate  money  to  pay  other  expenses  for  such  student,  provided  such  student  will 
render  an  immediate  equivalent  in  personal  service  for  such  appropriation  or  give 
a  sufficient  obligation  that  he  or  she  will  reimburse  the  regents  within  five  years. 

SEC.  5221.  No  person  shall  because  of  age,  sex,  color,  or  nationality  be  deprived 
of  the  privileges  of  this  institution.  Provision  shall  be  made  for  the  education  of 
females  apart  from  male  students  in  separate  apartments  or  buildings:  Provided, 
That  persons  of  different  sexes  of  the  same  proficiency  of  study  may  attend  the 
regular  college  lectures  together. 

SEC.  5222.  The  regents  shall  provide  a  rive  for  attendance  upon  the  agricultural 
college  and  civil  engineering  and  scientific  courses  by  persons  whose  employments 
are  such  as  to  allow  of  their  pursuit  of  study  only  a  portion  of  the  year. 

SEC.  5223.  The  board  of  regents  shall,  at  least  ten  days  prior  to  the  meeting  of  each 
regular  session  of  the  legislature,  transmit  to  the  governor,  to  accompany  his  mes- 
sage, a  printed  report  of  all  their  doings  since  their  last  report,  giving  in  detail  all 
receipts  and  expenditures  of  money  and  furnishing  an  estimate  of  future  income 
and  expenses,  a  catalogue  of  professors,  officers,  and  students  for  the  year,  with 
such  other  information  and  recommendations  as  will  apprise  the  legislature  fully 
of  the  conditions  and  wants  of  the  university. 

BBC.  .VJ24.  The  several  funds  for  the  support  of  the  university  shall  be  consti- 
tuted and  designated  as  follows:  (1)  The  permanent  endowment  fund;  (2)  the 
temporary  university  fund;  (3)  the  university  cash  fund;  (4)  the  United  States 
' 4  Morrill  'fund ;  "  ( 5 )  the  United  States  experiment  station  fund.  The  permanent 
endowment  fund  shall  l>e  kept  in  two  accounts:  In  the  first  account,  all  moneys 
derived  as  principal  from  the  sale  of  lands  donated  to  the  State  by  the  United 
States  (to  establish  and  endow  a  State  university)  under  the  act  of  Congress  of 
April  19,  1864;  in  the  second  account,  all  moneys  derived  as  principal  from  the 
sales  of  lands  donated  to  the  State  by  the  United  States  to  provide  colleges  for 
the  benefit  of  agriculture  and  the  mechanic  arts  by  an  act  of  Congress  approved 
July  2,  18(52.  All  moneys  acquired  by  the  university  by  donation  or  bequest 
(including  money  derived  as  principal  from  the  sale  of  lands  or  other  property  so 
acquired),  where  no  particular  object  or  purpose  is  specified  by  the  donor  or 
devisor,  shall  belong  to  either  one  of  the  two  accounts  of  said  permanent  funds, 
as  the  board  of  ivg«  nts  may  determine  and  order.  Donations  or  bequests  made 
for  the  benefit  of  the  university  (including  moneys  derived  as  principal  from  the 
sale  of  lands  or  other  property  so  acquired)  with  particular  objects  or  uses  speci- 
fied, and  the  interest  or  income  of  which  only  is  to  be  used,  shall  belong  to  either 
of  the  said  two  accounts  of  the  permanent  fund,  as  the  board  of  regents  may 
determine  and  order.  The  interest  and  income  of  donations  made  without  special 
objects  or  uses  specified  may  be  used  and  applied  by  the  board  of  regents  to  any 
needs  of  the  university.  The  interest  and  income  of  donations  made  with  partic- 
ular objects  and  uses  specified  shall  be  applied  by  the  board  of  regents  to  such 
particular  objects  and  uses  only.  All  moneys  belonging  to  the  permanent  uni- 
versity fund  shall  be  invested  in  the  manner  now  provided  by  law  for  the  invest- 
ment of  the  permanent  school  fund  of  the  State,  in  the  same  kind  of  securi- 
ties and  by  the  same  officers  charged  with  that  duty  by  law.  The  permanent 
endowment  fund  shall  never  be  appropriated  by  the  legislature  nor  be  expended 
for  any  purpose  whatsoever.  The  temporary  university  fund  shall  consist  of  the 
proceeds  of  the  investments  of  the  permanent  fund;  of  the  rental  of  the  university 
and  agricultural  college  lands  leased,  and  the  interest  upon  deferred  payments  on 
sales  of  the  lands  aforesaid;  of  the  rentals  or  income  of  lands  or  other  property 
donated  without  particular  objects  or  uses  being  specified,  and  a  tax  of  1  mill  upon 
til-.  •  <  I-  >llar  of  valuation  of  the  grand  assessment  roll  of  the  State,  which  tax  shall  be 
levied  in  the  year  1899  and  annually  thereafter.  All  moneys  accruing  to  this  fund 
are  hereby  appropriated  for  the  maintenance  of  the  university,  including  buildings 
and  permanent  improvements,  and  the  same  may  be  applied  by  the  board  of 
regents  to  any  and  all  university  needs  except  the  income  from  donations  made 
for  particular  purposes,  which  income  shall  be  used  and  applied  as  hereinbefore 
specified  only.  The  university  cash  fund  shall  consist  of  the  matriculation  and 
diploma  fees,  registration  fees,  laboratory  fees,  tuition  fees,  summer  "session" 
or  school  fees,  and  all  other  moneys  or  fees  collected  from  students  by  the  author- 
ity of  the  board  of  regents  for  university  purposes.  To  this  fund  shall  belong 
also  all  moneys  received  from  sales  of  live  stock,  farm  products,  dairy  school 
products,  or  other  like  income  from  the  experiment-station  farm.  The  moneys 
accruing  to  this  fund  shall  be  used  for  the  following  purposes  exclusively:  The 
matriculation  and  diploma  fees,  for  the  purchase  of  books  for  the  university 
libraries;  the  registration  and  summer  school  fees,  to  assist  the  maintenance  of 


106  EDUCATION   EEPORT,   1903. 

0 

the  summer  school,  school  of  agriculture,  or  other  special  schools;  the  laboratory 
fees,  for  laboratory  expenses  and  the  purchase  of  laboratory  apparatus  and  sup- 
plies; the  tuition  fees,  for  instruction  in  and  expenses  of  the  various  colleges  or 
schools  for  which  the  same  are  collected;  the  income  from  the  farm,  for  the  general 
expense  and  up  keep  of  the  farm,  its  stock  and  equipment,  farm  labor,  and  minor 
repairs  to  farm  property.  All  moneys  accruing  to  the  university  cash  fund  are 
hereby  appropriated  to  the  specific  uses  hereinbefore  mentioned,  and  shall  at  all 
times  be  subject  to  the  orders  of  the  board  of  regents  accordingly:  Provided, 
That  no  warrant  shall  be  issued  against  said  fund  unless  there  is  money  in  the 
hands  of  the  State  treasurer  sufficient  to  pay  the  same.  The  board  of  regents 
shall  cause  all  moneys  which  are  received  by  its  authority  at  the  university  from 
students  thereof  for  any  purpose  mentioned  in  this  chapter,  also  all  moneys 
received  at  the  university  by  the  authority  of  said  board  from  sales  of  farm  prod- 
ucts, stock,  or  other  property,  to  be  paid  over  from  time  to  time  as  the  same  are 
received  to  the  State  treasurer,  to  be  placed  to  the  credit  of  the  proper  fund: 
Provided,  That  the  said  board  of  regents  may  retain  in  its  possession  until  the 
close  of  the  summer  school  in  each  year  a  sufficient  sum  out  of  said  moneys  to 
make  settlement  with  students  having  money  on  deposit  for  expenses  in  the 
various  laboratories,  to  make  equitable  adjustment  with  students  who,  having 
paid  tuition  or  other  fees  in  advance,  may  be  necessarily  called  away  from  the 
institution  for  an  indefinite  period,  and  to  provide  against  other  like  contingen- 
cies. The  said  board  of  regents  may  require  its  secretary,  in  addition  to  his  other 
duties,  to  perform  all  acts  necessary  to  carry  into  effect  the  provisions  of  this  sec- 
tion relating  to  the  university  cash  fund  and  the  moneys  belonging  thereto.  The 
United  States  "Morrill  fund"  shall  consist  of  all  moneys  appropriated  by  the 
United  States  to  this  State  for  its  university  to  aid  instruction  and  to  furnish  the 
facilities  for  instruction  in  certain  branches  in  accordance  with  the  provisions  of 
an  act  of  Congress  approved  August  30,  1890.  The  said  fund  shall  be  applied 
exclusively  to  the  uses  and  purposes  prescribed  by  the  act  or  acts  of  Congress 
relating  thereto,  and  said  fund  is  hereby  appropriated  accordingly,  and  shall  at 
[all?]  times  be  subject  to  the  orders  of  the  board  of  regents  for  the  purpose  speci- 
fied by  act  of  Congress  only.  The  agricultural  experiment  station  fund  shall  con- 
sist of  all  moneys  which  may  come  into  the  possession  of  the  State  treasurer  on 
and  after  July  1, 1899,  accruing  under  an  act  of  Congress  approved  March  2, 1887, 
entitled  "An  act  to  establish  agricultural  experiment  stations  in  connection  with 
the  colleges  established  in  the  several  States  under  the  provisions  of  an  act 
approved  July  2,  1862,  and  the  acts  supplementary  thereto ; : '  also  all  moneys 
which  may  hereafter  be  received  by  virtue  of  any  act  of  Congress  supplemental 
to  said  agricultural  experiment  station  act  and  for  the  same  purposes.  The 
said  experiment  station  fund  is  hereby  appropriated  to  be  applied  exclusively  to 
the  uses  and  objects  designated  by  the  said  act  or  acts  of  Congress  relating  thereto, 
and  the  same  shall  at  all  times  be  subject  to  the  orders  of  the  board  of  regents  for 
expenditure  for  said  uses  only.  The  State  treasurer  shall  be  the  custodian  of  all 
the  funds  of  the  university.  Disbursements  from  the  four  funds  last  named 
herein  shall  be  made  in  accordance  with  the  provisions  of  law  relating  to  the  dis- 
bursement of  university  funds  in  the  hands  of  the  State  treasurer  as  provided  by 
law. 

SEC.  5226.  The  regents  shall  meet  at  least  twice  in  each  year  at  the  university 
building.  They  shall  receive  for  their  services  no  compensation,  but  they  may  be 
reimbursed  their  actual  expenses  incurred  in  the  performance  of  their  official 
duties. 

SEC.  5227.  No  superstructural  work  upon  any  building  for  the  university  shall 
be  commenced  until  the  designs  and  plans  therefor  shall  have  been  submitted  to 
the  board  of  regents  by  the  commissioners  for  public  buildings,  and  the  architect 
thereof  shall  be  required,  before  allowing  any  such  superstructure  to  be  erected, 
to  make  such  alterations  in  the  plans  and  specifications  as  may  be  directed  by  a 
majority  of  the  regents. 

SEC.  5228.  The  regents  shall  have  power  to  enact  laws  for  the  government  of 
the  university;  to  elect  a  chancellor  and  the  prescribed  number  of  professors  and 
tutors,  and  a  steward;  to  prescribe  the  duties  of  all  the  professors  and  officers, 
and  to  fix  the  compensation.  They  shall  have  power  to  remove  the  chancellor, 
and  any  professor  or  tutor,  when  the  interests  of  the  university  shall  require  it, 

SEC.  5229.  The  office  of  the  treasurer  of  the  university  is  hereby  abolished,  and 
the  State  treasurer  is  made  custodian  of  the  funds,  to  whom  the  present  treasurer 
of  the  university  shall  turn  over,  within  sixty  days,  all  moneys,  securities,  books, 
and  papers  pertaining  to  that  office. 

SEC.  5230.  Disbursements  from  the  university  fund  shall  be  made  by  the  State 
treasurer  upon  warrants  drawn  by  the  auditor,  who  shall  issue  warrants  upon 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  107 

certificates  issued  by  the  board  of  regents,  signed  by  the  secretary  and  president. 
All  money  accruing  to  the  university  fund  is  hereby  appropriated  to  the  use  of 
the  State  university. 

SEC.  5282.  All  male  students  now  attending  or  who  may  hereafter  attend  the 
University  of  Nebraska,  and  who  are  required  by  the  rules  and  regulations  that 
are  or  may  be  established  by  the  board  of  regents  of  the  university  for  the  govern- 
ment of  the  military  department  to  attend  upon  the  studies  or  other  exercises  of 
said  department,  shall  be  organized  under  the  form  of  the  battalion  into  a  body 
which  shall  be  known  and  styled  the  "  university  cadets." 

SEC.  5233.  The  officers  of  the  cadet  battalion  for  duty  at  and  while  in  attendance 
upon  the  university  shall  be  appointed  by  the  commandant  in  charge  of  the 
department,  by  detail  of  the  General  Government,  and  they  shall  be  directly 
responsible  to  him  in  the  discharge  of  all  their  duties  as  such  officers. 

SEC.  5234.  All  persons  holding  appointments  under  the  commandant  of  the 
military  department  of  the  university  as  officers  of  the  cadet  battalion  at  the  time 
of  their  graduation  from  the  university,  between  and  including  the  ranks  of  second 
lieutenant  and  colonel,  shall  be  certified  with  their  proper  rank  to  the  governor 
of  the  State  by  the  military  officer  in  charge  and  the  chancellor  of  the  university, 
and  thereupon  the  governor  is  authorized  and  directed  to  issue  his  commission  in 
due  form  to  all  such  persons  so  certified  to  him.  All  persons  so  commissioned  by 
the  governor  shall  hold  their  commissions  as  retired  officers  of  the  university 
cadets,  liable  to  be  called  into  service  by  the  governor  in  case  of  invasion,  insur- 
rection, or  rebellion,  in  the  same  manner  as  the  State  militia. 

SEC.  5235.  The  adjutant-general  of  the  State  shall  issue  such  arms,  munitions, 
ar<-<  interments,  tents,  and  equipments  for  the  temporary  or  permanent  use  of  the 
university  cadets  as  the  board  of  regents  may  require  and  the  governor  approve. 
All  property  so  issued  and  not  intended  merely  for  temporary  use,  or  for  con- 
sumption or  expenditure,  shall  be  receipted  for  to  the  adjutant-general  by  the 
chancellor  or  other  proper  officer  of  the  university,  and  the  same  shall  be  subject 
to  return  upon  demand  of  the  adjutant-general  whenever  the  necessities  of  this 
State  require. 

SEC.  5236.  The  selection  of  officers  of  the  university  cadet  battalion  for  duty 
during  the  attendance  upon  the  institution  shall  be  made  upon  a  basis  involving 
both  scholarship  and  capacity  and  fitness  for  command,  and  according  to  such 
rules  and  regulations  as  the  board  of  regents  may  prescribe.  The  board  of  regents 
shall  make  all  needful  rules  and  regulations  to  carry  into  effect  the  purposes  of 
this  act  consistent  with  the  constitution  and  laws  of  the  State. 

S i-'.c.  5237.  The  commandant  or  officer  in  charge  of  the  military  department  of 
the  university  shall  make  quarterly  reports  to  the  adjutant-general  of  the  State, 
showing  the  number,  organization,  discipline,  and  equipment  of  the  university 
cadets. 

SKC.  5238.  Whereas  the  Forty-ninth  Congress  of  the  United  States,  at  its  second 
session,  passed  an  act  commonly  known  as  the  "  Hatch  bill,"  to  establish  agricul- 
tural experiment  stations  in  connection  with  the  colleges  established  in  the  several 
States  under  the  provisions  of  an  act  of  July  2,  1862,  and  the  acts  supplementary 
thereto;  and  whereas  said  act  of  Congress  provides  among  other  things  that  it 
shall  be  the  object  and  duty  of  said  experiment  stations  to  conduct  original 
researches  or  verify  experiments  on  the  physiology  of  plants  and  animals;  the 
diseases  to  which  they  are  severally  subject,  with  the  remedies  for  the  same;  the 
chemical  composition  of  useful  plants  at  their  different  stages  of  growth;  the  com- 
parative advantages  of  rotative  cropping  as  pursued  under  a  varying  series  of 
crops;  the  capacity  of  new  plants  or  trees  for  acclimation;  the  analysis  of  soils  and 
water;  the  chemical  composition  of  manures,  natural  or  artificial,  with  experi- 
ments designed  to  test  their  comparative  effects  on  crops  of  different  kinds;  the 
adaptation  and  value  of  grasses  and  forage  plants;  the  composition  and  digestibil- 
ity of  the  different  kinds  of  foods  for  domestic  animals;  the  scientific  and  economic 
questions  involved  in  the  production  of  butter  and  cheese,  and  such  other  researches 
or  experiments  tearing  directly  on  the  agricultural  industry  of  the  United  States 
as  may  in  each  case  be  deemed  ad\isable,  having  due  regard  to  the  varying  con- 
ditions and  needs  of  the  respective  States  or  Territories:  and  whereas  the  said  act 
of  Congress  declares  that  a  leading  object  of  the  establishment  of  the  said  experi- 
ment stations  is  to  aid  in  acquiring  and  diffusing  ambng  the  people  of  the  United 
States  useful  and  practical  information  on  subjects  connected  with  agriculture, 
and  to  promote  scientific  investigation  and  experiment  respecting  the  principles 
and  applications  of  agricultural  science,  and  prescribes  methods  to  this  end,  and 
also  conditions  and  relations  which  are  to  be  maintained  between  the  United 
States  and  the  institutions  of  learning  established  in  the  several  States,  and  which 
are  organized  under  the  land-grant  of  1862;  and  provides  further  that  the  grants 


108  EDUCATION   REPORT,  1903. 

of  money  authorized  by  the  said  act  are  made  subject  to  the  legislative  assent  of 
the  several  States  and  Territories  to  the  purposes  of  said  grants;  and  whereas  the 
University  of  Nebraska,  in  the  State  of  Nebraska,  has  established  and  maintained 
a  college  or  department  of  agriculture, known  and  designated  as  the  "industrial 
college, "in  accordance  with  the  provisions  of  said  land  grant  of  1862;  and  whereas 
the  act  of  the  Forty-ninth  Congress  appropriates  to  this  State  the  sum  of  $15,000 
per  annum  for  the  purposes  and  upon  the  conditions  therein  set  forth,  the  same 
to  be  paid  to  the  treasurer  or  other  officer  duly  appointed  by  the  governing  board 
of  said  college  to  receive  the  same;  and  whereas  the  governor  of  this  State  has 
presented  to  the  legislature  his  special  message,  with  recommendations  relating 
to  the  subject-matter  hereof:  Therefore, 

SEC.  5239.  That  full  and  complete  acceptance,  ratification,  and  assent  is  hereby 
made  and  given  by  the  State  of  Nebraska  to  all  of  the  provisions,  terms,  grants, 
and  conditions  and  purposes  of  the  grant  made  and  prescribed  by  the  said  act  of 
the  Congress  of  the  United  States  to  establish  agricultural  experiment  stations  in 
the  several  States. 

SEC.  5240.  Whereas  by  an  act  of  the  Congress  of  the  United  States  approved 
August  30, 1890,  there  is  appropriated  to  this  State,  for  the  use  and  benefit  and  the 
more  complete  endowment  and  support  of  the  educational  institution  therein  de- 
scribed, the  sum  of  $15,000  for  the  year  ending  June  30,  1890,  $16,000  for  the  year 
ending  June  30,  1891,  and  so  on  until  the  sum  of  $25,000  is  reached,  at  which  last- 
named  amount  said  Congressional  appropriation  is  thereafter  to  remain  fixed 
annually ;  and  whereas  it  is  provided  by  said  act  of  Congress  that  the  money  thereby 
appropriated  shall  be  applied  to  the  more  complete  endowment  and  maintenance 
in  the  several  States  and  Territories  of  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts,  which  now  are  or  may  be  hereafter  established  in  accord- 
ance with  an  act  of  Congress  approved  July  2,  1862  (wherein  no  distinction  on 
account  of  race  or  color  is  made  in  the  admission  of  students) ,  and  that  said 
money  shall *'  be  applied  only  to  instruction  in  agriculture,  the  mechanic  arts,  the 
English  language,  and  the  various  branches  of  mathematical,  physical,  natural, 
and  economic  science,  with  special  reference  to  their  applications  in  the  indus- 
tries of  life  and  to  the  facilities  for  such  instruction;"  and  whereas  it  is  provided 
by  said  act  of  Congress  that  "no  portion  of  said  moneys  shall  be  applied,  directly 
or  indirectly,  under  any  pretence  whatever,  to  the  purchase,  erection,  preserva- 
tion, or  repair  of  any  building  or  buildings,"  and  that  if  said  moneys  be  dimin- 
ished or  lost  they  shall  be  replaced  by  the  State  or  Territory  to  which  they  belong, 
and  that  the  grants  of  money  authorized  by  said  act  of  Congress  are  made  subject 
to  the  legislative  assent  of  the  several  States  and  Territories  to  the  purpose  of 
said  grants  (or  upon  the  assent  of  the  governor  thereof  during  the  recess  of  the 
legislature) ;  and  whereas  it  is  provided  by  said  act  of  Congress  that  the  moneys 
thereby  appropriated  shall  be  paid  from  time  to  time  to  the  State  or  Territorial 
treasurer  or  other  officer  who  may  be  designated  by  law  to  receive  the  same,  who 
shall,  upon  the  order  of  the  trustees  of  the  college  described  in  said  act,  immedi- 
ately pay  the  same  over  to  the  treasurer  of  the  educational  institution  entitled  to 
receive  the  same,  and  whereas  the  college  of  agriculture  and  the  mechanic  arts 
(now  designated  by  law  as  the  industrial  college)  of  the  University  of  Nebraska 
is  the  college  now  existing  in  this  State  organized  under  the  provisions  of  the  act 
of  Congress  of  1862,  and  thereby  entitled  to  receive  the  moneys  appropriated  by 
the  said  act  of  Congress  of  August  30,  1890;  and  whereas  the  treasurer  of  the 
State  of  Nebraska  has  received  the  sum  of  $15,000,  the  first  installment  of  money 
appropriated  under  the  said  act  of 'Congress  last  named,  in  pursuance  of  the  assent 
of  the  governor:  Therefore, 

SEC.  5241.  That  full  and  complete  acceptance,  ratification,  and  assent  is  hereby 
made  and  given  by  the  State  of  Nebraska  to  all  and  every  one  of  the  grants,  pur- 
poses, terms,  and  conditions  set  forth  in  an  act  of  the  Congress  of  the  United 
States  approved  August  30,  1890. 

SEC.  5242.  That  all  moneys  that  now  are  or  may  hereafter  be  received  by  the 
State  treasurer  or  other  State  officer,  in  pursuance  and  by  virtue  of  the  said  act 
of  Congress,  are  hereby  specifically  appropriated  and  set  apart  solely  for  the  more 
complete  endowment,  support,  and  maintenance  of  the  college  for  the  benefit  of 
agriculture  and  the  mechanic  arts  now  existing  in  this  State  under  the  provisions 
of  an  act  of  Congress  approved  July  2,  1862,  and  designated  by  law  as  the  indus- 
trial college  of  the  University  of  Nebraska,  and  all  of  said  moneys  shall  be  imme- 
diately paid  over  by  said  treasurer  to  the  authorities  of  said  college,  hereinafter 
designated,  without  further  warrant  or  authority  than  is  contained  herein. 

SEC.  5243.  That  for  all  intents  and  purposes  of  this  act  and  of  the  said  act  of 
Congress,  and  to  carry  the  latter  into  full  effect  in  this  State,  the  board  of  regents 
of  the  University  of  Nebraska  shall  be  "  the  trustees  of  the  college,"  described  in 


LAWS    RELATING    TO    L  A.ND-GRANT    COLLEGES.  109 

the  said  act  of  Congress  approved  August  30,  1890,  and  referred  to  in  the  title  of 
this  act,  and  such  fiscal  officer  as  the  said  board  of  regents  may  name  and  desig- 
nate and  appoint  to  receive  and  disburse  said  moneys  under  their  orders  shall,  for 
all  intents  and  purposes  of  this  act  and  of  the  said  act  of  Congress  last  mentioned, 
be  the  "  treasurer  "  of  the  said  college,  and  to  this  officer  the  State  treasurer  shall 
immediately  pay  over,  upon  the  order  of  the  said  board  of  regents,  all  moneys 
which  are  now  in  his  hands,  or  which  may  be  hereafter  received  by  virtue  of  the 
said  ac't  of  Congress  for  the  use  and  benefit  of  said  college.  The  said  board  of 
regents  are  hereby  authorized  and  empowered  to  make  such  orders  and  regulations 
for  the  security,  control,  management,  and  disbursement  of  the  said  moneys  as  to 
them  shall  seem  wise  and  proper  and  for  the  best  interests  of  the  college. 

Si-v.  5244.  That  all  moneys  that  may  be  received  by  the  State  treasurer,  or  other 
State  officer,  in  pursuance  and  by  virtue  of  an  act  of  the  Congress  of  the  United 
States  approved  August  30,  1890,  shall  be  immediately  upon  the  receipt  thereof 
paid  over  by  said  treasurer,  or  other  officer,  to  the  officer  authorized  to  receive  the 
same  by  the  board  of  regents  of  .the  University  of  Nebraska,  without  further 
warrant  or  authority  than  is  herein  contained,  in  accordance  with  an  act  of  the 
legislature  of  the  State. 

SEC.  21.  That  for  the  furtherance  and  promotion  of  the  agricultural  and  horti- 
cultural interests  of  this  State  two  experiment  stations  shall  be  established,  one 
at  or  near  Culbertson,  Hitchcock  County,  and  one  at  or  near  Ogalalla,  Keith 
County,  which  stations  shall  be  under  the  control  and  management  of  the  State 
board  of  agriculture. 

[The  other  sections  of  this  act  relate  to  the  organization  and  object  of  these 
stations.] 

Si.< '.  7-JO.  The  secretary  of  the  board  of  regents  of  the  State  university  shall  give 
bond,  with  penalties,  for  $10,000. 

SEC.  4955.  The  State  university  and  State  agricultural  college  shall  be  united 
as  one  educational  institution,  and  shall  be  located  upon  a  reservation  selected  by 
said  commissioners  in  said  "Lincoln,"  and  the  necessary  buildings  shall  be  erected 
thereon  as  soon  as  funds  can  be  secured  by  the  sale  of  lands  donated  to  the  State 
for  that  purpose  or  from  other  sources. 


NEVADA. 

Constitution,  Article  XI:  SEC.  4.  The  legislature  shall  provide  for  the  establish- 
ment of  a  State  university,  which  shall  embrace  departments  for  agriculture, 
mechanic  arts,  and  mining,  to  be  controlled  by  a  board  of  regents,  whose  duties 
shall  be  prescribed  by  law. 

SEC.  5.  The  legislature  shall  have  power  to  establish  normal  schools  and  such 
different  grades  of  schools,  from  the  primary  department  to  the  university,  as  in 
their  discretion  they  may  deem  necessary,  and  all  professors  in  said  university  or 
teachers  in  said  schools,  of  whatever  grade,  shall  be  required  to  take  and  subscribe 
to  the  oath  prescribed  by  this  constitution.  No  professor  or  teacher  who  fails  to 
comply  with  the  provisions  of  any  law  framed  in  accordance  with  the  provisions 
of  this  section  shall  bo  entitled  to  receive  any  portion  of  the  public  moneys  set 
apart  for  school  purposes. 

SEC.  6.  The  legislature  shall  provide  a  special  tax,  which  shall  not  exceed  2  mills 
on  the  dollar  of  all  taxable  property  in  the  State,  in  addition  to  the  other  means 
provided  for  the  support  and  maintenance  of  said  university  and  common  schools. 

SEC.  1.  The  governor,  secretary  of  state,  and  superintendent  of  public  instruc- 
tion shall  for  the  first  four  years  and  until  their  successors  are  elected  and  quali- 
fied constitute  a  board  of  regents  to  control  and  manage  the  affairs  of  the  uni- 
versity and  the  funds  of  the  same,  under  such  regulations  as  may  be  provided  by 
law.  But  the  legislature  shall  at  its  regular  session  next  preceding  the  expira- 
tion of  the  term  of  office  of  said  board  of  regents  provide  for  the  election  of  a  new 
board  of  regents  and  define  their  duties. 

S  !•:<.'.  8.  The  board  of  regents  shall,  from  the  interest  accruing  from  the  first 
lunds  which  come  under  their  control,  immediately  organize  and  maintain  the  said 
mining  department  in  such  manner  as  to  make  it  most  effective  and  useful,  pro- 
vided, that  all  the  proceeds  of  the  public  lands  donated  by  act  of  Congress 
approved  July  2,  1862,  for  a  college  for  the  benefit  of  agriculture,  the  mechanic 
arts,  and  including  military  tactics  shall  be  invested  by  the  said  board  of  regents 
in  H  separate  fund,  to  be  appropriated  exclusively  for  tlie  benefit  of  the  first-named 
departments  to  the  university,  as  set  forth  in  section  4  above;  and  the  legislature 


110  EDUCATION    REPORT,   1903. 

shall  provide  that  if  through  neglect  or  any  other  contingency  any  portion  of  the 
fund  so  set  apart  shall  be  lost  or  misappropriated,  the  State  of  Nevada  shall  replace 
said  amount  so  lost  or  misappropriated  in  said  fund,  so  that  the  principal  of  said 
fund  shall  remain  forever  undiminished. 

SEC.  9.  No  sectarian  instruction  shall  be  imparted  or  tolerated  in  any  school  or 
university  that  may  be  established  under  this  constitution. 

SEC.  10.  No  public  funds  of  any  kind  or  character  whatever — State,  county,  or 
municipal — shall  be  used  for  sectarian  purposes. 

[The  following  mattter  is  taken  from  The  Compiled  Laws  of  Nevada,  in  force  from  1861  to  1900, 
inclusive,  Compiled  and  Annotated  by  Henry  C.  Cutting,  of  the  Nevada  Bar.  Carson  City,  Nev., 
Andrew  Mante,  Superintendent  of  State  Printing,  1900.] 

SEC.  1389.  No  member  of  said  board  [of  regents  of  the  State  university]  shall 
be  interested  directly  or  indirectly  as  principal,  copartner,  agent,  or  otherwise  in 
any  contract  or  expenditure  created  by  the  board  or  in  the  profits  or  results  thereof. 
Any  person  violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  in  any  sum  not  exceeding 
$5,000,  to  which  may  be  added  imprisonment  in  the  county  jail  for  a  period  not 
exceedir  g  six  months. 

SEC.  1390.  There  shall  be  established  in  the  State  university  of  Nevada  a  school 
for  the  instruction  of  teachers,  in  which  shall  be  taught  all  the  branches  of  instruc- 
tion which  are  taught  in  the  common  schools  of  this  State,  together  with  the 
theory  and  practice  of  teaching,  school  law,  botany,  psychology,  and  geology. 
There  shall  also  be  taught  in  said  university  chemistry,  assaying,  mineralogy,  sur- 
veying, and  geology,  so  far  as  they  relate  to  the  theory  and  practice  of  mining, 
agriculture,  and  the  mechanic  arts.  There  shall  be  taught  in  the  preparatory 
department  of  said  university  typewriting,  shorthand,  telegraphy,  bookkeeping, 
and  commercial  law,  so  far  as  they  relate  to  the  practical  affairs  of  life. 

SEC.  1391.  The  governor,  the  secretary  of  state,  and  the  superintendent  of  pub- 
lic instruction  shall  constitute  the  board  of  regents  of  the  State  university  until 
the  1st  day  of  January,  1889,  and  until  their  successors  are  elected  and  qualified. 
There  shall  be  elected  at  the  next  general  election,  in  the  same  manner  as  other 
State  officers  are  elected,  three  qualified  electors,  who  shall  constitute  the  board 
of  regents  of  the  State  university.  The  term  of  office  of  two  of  the  regents  so 
elected  shall  be  four  years  from  the  1st  day  of  January,  1889,  and  until  their  suc- 
cessors are  elected  and  qualified.  The  term  of  office  of  one  of  the  regents  so  elected 
shall  be  two  years  from  and  after  the  1st  day  of  January,  1889,  and  until  his  suc- 
cessor is  elected  and  qualified,  and  thereafter  at  each  general  election  preceding 
the  expiration  of  the  term  of  office  of  any  member  of  the  board  of  regents  a  suc- 
cessor shall  be  elected  in  the  same  manner  as  other  State  officers  are  elected.  The 
persons  elected  as  regents  under  the  provisions  of  this  act  before  entering  upon 
the  duties  of  their  office  shall  take  and  subscribe  to  the  official  oath  and  file  the 
same  in  the  office  of  the  secretary  of  state.  In  case  of  vacan  y  in  said  board  of 
regents  after  the  same  shall  have  been  filled  by  election,  as  herein  provided,  the 
governor  shall  fill  the  same  by  appointment  until  the  next  general  election,  when 
such  vacancy  shall  be  filled  by  election  as  herein  provided. 

SEC.  1392.  The  powers  and  duties  of  the  board  of  regents  are  as  follows:  (1)  To 
prescribe  rules  for  their  own  government  and  for  the  government  of  the  univer- 
sity; (2)  to  prescribe  rules  for  the  reports  of  officers  and  teachers  of  the  university; 
(3)  to  prescribe  the  course  of  study,  the  time  and  standard  of  graduation,  and  the 
commencement  and  duration  of  the  terms,  and  the  length  of  the  vacations  of  the 
university;  (4)  to  prescribe  the  text-books  and  provide  apparatus  and  furniture 
for  the  use  of  pupils;  (5)  to  appoint  a  president  of  the  university,  who  shall  have  a 
diploma  from  some  recognized  college  of  learning  of  good  standing  or  some  State  nor- 
mal school,  who  has  had  at  least  five  years  of  practical  experience  as  an  instructor, 
who  is  familiar  with  the  modern  methods  of  imparting  instruction  generally 
approved  in  the  United  States,  and  who  shall  be  indorsed  as  to  moral  character 
and  qualifications  as  an  instructor  by  the  president  and  faculty  of  three  institu- 
tions of  learning  authorized  by  law  to  confer  degrees:  (6)  to  prescribe  the  duties 
of  the  president  and  fix  his  salary  and  the  salaries  of  all  other  teachers  in  the  uni- 
versity; (7)  to  require  the  president,  under  their  direction,  to  establish  and  main- 
tain training  or  model  schools  and  require  the  pupils  of  the  university  to  teach  and 
instruct  classes  therein;  (8)  to  control  the  expenditures  of  all  moneys  appropri- 
ated for  the  support  and  maintenance  of  the  university  and  all  moneys  received 
from  any  source  whatsoever;  (9)  to  keep  open  to  public  inspection  an  account  of 
receipts  and  expenditures:  (10)  to  annually  report  to  the  governor  a  statement  of 
all  their  transactions  and  all  other  matters  pertaining  to  the  university;  (11)  to 
transmit  with  such  report  a  copy  of  the  president's  annual  report;  (12)  to  revoke 


LAWS   RELATING    TO    LAND-GRANT    COLLEGES.  Ill 

any  diploma  by  them  granted  on  receiving  satisfactory  evidence  that  the  holder 
thereof  is  addicted  to  drunkenness,  is  guilty  of  gross  immorality,  or  is  reputably 
dishonest  in  his  or  her  dealings,  provided  that  such  person  shall  have  at  least 
thirty  days'  previous  notice  of  such  contemplated  action  and  shall,  if  he  or  she 
asks  it,  be  heard  in  his  or  her  own  defense. 

SEC.  1393.  The  board  of  regents  shall  have  the  power  to  appoint  a  chairman,  who 
shall  receive  no  compensation  therefor,  nor  shall  any  member  of  the  board  of 
regents  receive  any  compensation  for  his  services  except  necessary  expenses  in 
attending  meetings  of  the  board.  The  board  of  regents  may  employ  a  clerk  of 
said  board,  who  shall  receive  a  salary  of  $25  per  month  and  who  shall  keep  a  full 
record  of  all  proceedings  of  the  board  which  shall  at  all  times  be  open  to  public 
inspection,  and  said  clerk  shall  not  be  a  teacher  in  said  university. 

SEC.  1394.  The  board  must  hold  four  regular  meetings  in  each  year  and  may 
hold  special  meetings  at  the  call  of  the  chairman  of  the  board. 

SEC.  1395.  The  president  of  the  university  must  make  a  detailed  annual  report 
to  the  board  of  regents,  with  a  catalogue  of  pupils  and  such  other  particulars  as 
the  board  may  require  or  he  may  think  useful. 

SEC.  1396.  Upon  the  recommendation  of  the  president  of  the  university  the 
board  of  regents  shall  issue  to  those  who  worthily  complete  the  full  course  of 
study  in  the  school  of  mines,  or  in  the  school  of  agriculture,  or  in  the  school  of 


ol 

versity 

shall  be  issued  to  anyone  who  has  not  completed  the  full  course  of  study  as  above 
set  forth.  Upon  the  recommendation  of  the  president  of  the  university  the  board 
of  regents  shall  issue  to  those  who  worthily  complete  the  full  four  years'  course  of 
study  prescribed  in  the  Nevada  State  Normal  School,  a  department  of  the  State 
university,  a  diploma  of  graduation .  and  said  diploma  shall  bear  tho  heading  "  The 
Nevada  State  Normal  School,"  and  to  all  persons  receiving  this  diploma  the  State 
board  of  education  shall  issue  a  State  high  school  certificate  of  the  first  grade, 
good  for  five  years.  To  the  holders  of  the  above  State  high  school  certificates  of 
the  first  grade  the  State  board  of  education  shall  grant  a  life  diploma  when 
said  graduates  of  the  Nevada  State  Normal  School  shall  have  completed  at  least 
five  years  of  successful  instruction  in  the  public  schools  of  Nevada  or  of  any  other 
State.  Upon  the  recommendation  of  the  president  of  the  university,  the  board  of 
regents  shall  issue  to  those  who  worthily  complete  the  three  years'  course  of  study 
prescribed  in  the  Nevada  State  Normal  School  a  grammar  grade  diploma  of  gradu- 
ation, and  said  diploma  shall  bear  the  heading  "Nevada  State  Normal  School, 
Grammar  Grade  Diploma,"  and  to  all  persons  receiving  this  grammar  grade 
diploma  the  State  board  of  education  shall  grant  a  grammar  grade  State  certifi- 
cate, good  for  five  years.  The  board  of  regents  may  require  said  normal  school 
graduates,  before  granting  the  diploma  herein  provided  for,  to  sign  the  following 
obligation:  "  I  hereby  agree  to  report  to  the  president  of  the  university  by  letter 
at  least  twice  a  year  for  three  years  after  my  graduation  and  once  a  year  there- 
after so  long  as  I  continue  in  the  profession  of  teaching,  and  when  I  shall  leave 
the  profession  I  will  report  the  fact  to  him,  with  the  cause  therefor.  A  failure  to 
make  such  reports  may  be  considered  sufficient  cause  for  the  revocation  of  my 
diploma."  And,  further,  it  is  hereby  expressly  provided,  That  the  graduates  of 
the  Nevada  State  Normal  School  for  the  year  1895  shall  receive  their  diplomas  and 
State  certificates  according  to  the  act  of  March  19,  1891,  hereby  amended.  Upon 
the  recommendation  of  the  president  of  the  university  the  board  of  regents  shall 
issue  to  those  who  worthily  complete  the  full  course  of  study  in  any  other  depart- 
ment of  the  university  not  equivalent  to  a  regular  university  course  a  diploma  of 
graduation,  but  said  diploma  shall  bear  the  name  of  the  department  from  which. 
it  is  issued,  and  in  no  case  to  bear  the  heading  of  the  regular  university  diploma. 

Si.c.  1397.  It  shall  be  the  duty  of  the  president  of  the  university  to  instruct  in 
the  university,  and,  under- the  direction  of  the  board  of  regents,  to  manage  all 
affairs  connected  with  the  institution,  to  employ  assistant  teachers  and  servants ,. 
purchase  supplies,  and  make  monthly  statements  to  the  board  of  regents  of  all 
receipts  and  expenditures,  supported  by  vouchers. 

SEC.  1398.  There  shall  be  no  discrimination  in  the  admission  of  pupils  on  account 
of  sex,  race,  or  color;  but  no  person  shall  be  admitted  who  is  not  of  good  moral 
character,  and  who  has  not  arrived  at  the  age  of  15  years  and  passed  such  an 
examination  as  shall  be  prescribed  by  the  board  of  regents;  and  no  person  under 
said  age  shall  hereafter  be  taught  in  said  institution. 

SEC.  1399.  Tuition  shall  be  free. 

SEC.  1400.  The  State  superintendent  of  public  instruction  must  visit  the  univer- 
sity at  least  every  three  months,  inquire  into  its  condition  and  management,  and 


112  EDUCATION   EEPOET,  1903. 

report  to  the  board  of  regents  quarter-yearly  the  condition  of  the  institution,  with 
such  suggestions  as  he  may  deem  proper. 

SEC.  1401.  All  expenses  incurred,  of  every  name  and  nature,  involving  the  pay- 
ment of  money  by  or  under  the  direction  of  the  board  of  regents  of  the  university, 
shall  be  passed  upon  by  the  board  of  examiners  as  other  accounts  against  the 
State,  and  be  paid  out  of  the  moneys  appropriated  for  the  university. 

SEC.  1402.  It  shall  be  the  duty  of  the  president  of  the  State  university,  in  addi- 
tion to  his  other  duties  as  fixed  by  law,  to  cause  to  be  analyzed  by  an  assistant, 
teacher,  or  teachers  employed  at  the  State  university  any  ores,  mineral,  soil,  or 
water  taken  from  within  the  boundaries  of  the  State  of  Nevada,  and  sent  by  any 
citizen  of  said  State  for  that  purpose.  Any  citizen  of  the  State  may  send  any 
such  substance  and  have  the  same  analyzed  free  of  charge  and  the  result  of  the 
same  returned  to  him  by  mail  with  as  near  as  possible  an  explanation  of  their 
uses  and  value  in  market 'and  there  shall  be  kept  at  the  State  university  a  book  of 
record,  open  for  inspection,  under  such  rules  as  may  be  made  by  the  regents,  of 
all  mineral,  ores,  or  other  matters  so  sent,  with  the  history  of  such  mineral  or 
other  matters,  stating  the  name  of  the  person  or  persons  from  whom  received,  the 
district  and  county  from  which  it  came,  and  all  other  matters  that  may  be  bene- 
ficial touching  the  same.  A  duplicate  of  the  sample  analyzed,  as  far  as  practi- 
cable, shall  be  kept  at  the  university,  properly  labeled,  so  as  to  correspond  to  the 
record,  and  properly  preserved. 

SEC.  1403.  If  the  same  kind  of  matter  for  analysis  is  sent  from  the  same  place, 
it  shall  not  be  necessary  to  analyze  the  same,  but  a  duplicate  of  the  analysis  shall 
be  sent  by  mail  to  the  person  desiring  the  same. 

SEC.  1404.  Samples  for  analysis  shall  be  analyzed  in  the  order  received. 

SEC.  1405.  Sample  assays  for  gold  or  silver  shall  be  made,  and  when  the  value 
per  ton  exceeds  $5  in  gold  the  returns  shall  state  the  fact  thus,  "  Test  for  gold." 
And  when  the  value  per  ton  exceeds  $5  in  silver  the  returns  shall  state  the  fact 
thus,  "Test  for  silver." 

SEC.  1406.  There  is  hereby  created  a  board  to  be  known  as  the  honorary  board 
of  visitors  of  the  Nevada  State  University.  Said  board  shall  consist  of  15  mem- 
bers. The  chief  justice  of  the  supreme  court  shall  be  ex  officio  a  member  and  the 
chairman  of  said  board.  In  the  absence  of  said  chief  justice  the  members  of  the 
board  may  elect  one  of  their  number  to  act  as  temporary  chairman.  The  term  of 
office  of  the  members  of  said  board  shall  be  two  years  from  the  date  of  their 
appointment  and  until  their  successors  are  appointed. 

SEC.  1407.  The  governor  shall  appoint  and  commission,  within  forty  days  after 
the  passage  of  this  act,  from  each  county  one  suitable  and  discreet  person  who 
is  interested  in  higher  education  and  who  is  an  actual  resident  of  said  county  as 
a  member  of  said  board. 

SEC.  1408.  It  shall  be  the  duty  of  said  board  of  visitors  to  meet  annually  at  the 
seat  of  the  Nevada  State  University  during  commencement  week,  and  inspect  the 
grounds,  buildings,  and  equipment  of  said  university,  and  also  inquire  into  the 
actual  state  of  the  discipline,  instruction,  police  administration,  and  other  affairs 
or  concerns  of  the  university.  The  board  of  visitors  shall  report  thereon  to  the 
governor  within  thirty  days  after  each  annual  meeting,  for  the  information  of  the 
people  of  the  State  and  of  the  next  succeeding  legislature  of  the  State,  their  action 
as  such  visitors,  with  their  views  and  recommendations  concerning  the  university, 
such  as  they  shall  deem  wise  and  just  and  for  the  best  interests  of  the  university. 

SEC.  1409.  The  president  of  the  university  shall  cause  at  least  thirty  days'  notice 
to  be  given  to  the  members  of  the  honorary  board  of  visitors  of  the  time  and 
place  of  their  annual  meeting. 

SEC.  1410.  No  compensation  shall  be  made  to  the  members  of  said  board  of  vis- 
itors for  their  services  or  for  their  traveling  expenses,  but  the  board  of  regents 
shall  pay  out  of  the  university  contingent  fund  their  expenses  for  board  and  lodg- 
ing while  at  the  university. 

SEC.  1411.  The  agricultural  experiment  station,  organized  and  established  by 
the  board  of  regents  of  the  State  university  at  and  in  connection  with  said  State 
university,  is  hereby  recognized  and  shall  be  continued  as  a  part  of  said  State 
institution,  and  shall  be  conducted  by  a  "  board  of  control "  hereinafter  provided 
for,  for  the  purpose  of  acquiring  and  diffusing  among  the  people  useful  and  prac- 
tical information  on  subjects  connected  with  agriculture  and  to  promote  scientific 
investigation  and  experiment  respecting  the  principles  and  applications  of  agri- 
cultural science,  said  State  university  having  been  established  in  accordance  with 
the  provisions  of  an  act  of  Congress  approved  July  2,  1862. 

SEC.  1412.  The  board  of  control  of  said  agricultural  experiment  station  shall 
consist  of  the  board  of  regents  of  the  State  university,  and  they  shall  organize  said 
board  and  choose  its  officers. 


LAWS    BELATING    TO    LAND-GKANT    COLLEGES.  113 

SK  '.  1 1!3.  Th •)  board  of  control  of  said  agricultural  exporiment  station  shall,  to 
the  best  of  its  ability,  observe  and  carry  out  the  requirements  of  "  an  act  to  estab- 
lish agricultural  experiment  stations  in  connection  with  the  colleges  established 
in  th  '  several  States  under  the  provisions  of  an  act  approved  July  2,  1862,  and  of 
the  acts  supplementary  thereto/'  approved  by  the  President  March  2, 1887.  The 
said  !)-);ird  of  control  shall  have  charge  of  the  receipts,  safe-keeping,  and  expendi- 
ture of  all  money  appropriated  by  Congress  for  the  benefit  and  use  of  said  agri- 
cultural experiment  station;  they  shall  be  allowed  and  paid  all  necessary  expenses 
incurred  by  them  severally,  in  the  discharge  of  their  official  duties,  but  shall 
receive  no  salary  or  compensation  for  their  services. 

&'*".  1414.  Said  board  of  control  shall  make  a  report  at  the  end  of  each  fiscal 
year  to  the  governor,  and  1 ,200  copies  thereof  shall  be  printed  at  the  State  print- 
ing office  for  general  distribution  by  said  board.  The  governor  shall  transmit  all 
said  annual  reports  to  the  legislature. 

SEC.  1415.  The  legislature  of  Nevada  hereby  gratefully  assents  to  the  purposes 
of  all  grants  of  money  made  heretofore  and  all  which  may  hereafter  be  made  to 
the  State  of  Nevada  by  Congress,  under  the  act  of  Congress  the  title  of  which  is 
recited  in  section  1413  above,  and  agrees  that  the  same  shall  be  used  only  for  the 
purposes  named  in  said  act  of  Congress  or  acts  amendatory  thereof  or  supplemen- 
tary thereto. 

.  1416.  The  State  university  of  this  State  was,  and  now  is.  established  in 
accordance  with  the  provisions  of  the  constitution  of  the  State  of  Nevada,  and  also 
in  accordance  with  the  provisions  of  an  act  of  Congress  approved  July  2,  1862. 

SEC.  1417.  The  board  of  regents  of  said  State  university  and  agricultural,  mining, 
and  mechanical  college  are  the  proper  trustees  of  same  to  receive  and  disburse  all 
appropriations  made  to  this  State  under  the  provisions  of  "an  act  to  apply  a  por- 
tion or  the  proceeds  of  the  public  lands  to  the  more  complete  endowment  and  sup- 
port of  the  colleges  for  the  benefit  of  agriculture  and  mechanic  arts,  established 
under  the  provisions  of  an  act  of  Congress  approved  July  2,  1862."  approved 
August  :><>,  is«.»o.  and  nil  appropriations  hereafter  to  be  made  under  said  act. 

SEC.  141M.  Said  board  of  regents  shall  make  a  report  at  the  end  of  each  fiscal  year, 
in  connection  with  its  annual  report  to  the  governor,  of  other  State  university  mat- 
ters, including  the  amounts  received  and  disbursed  under  the  provisions  of  this 
act.  The  governor  shall  transmit  all  said  annual  reports  to  the  legislature. 

SEC.  1419.  The  legislature  of  Nevada  hereby  gratefully  assents  to  the  purposes 
of  all  grants  of  money  made  heretofore  and  all  which  may  hereafter  be  made  to 
the  State  of  Nevada  by  Congress,  under  the  act  of  Congress  the  title  of  which 
is  recited  in  section  2  of  this  act  (section  1417  above),  and  agrees  that  the  same 
shall  be  used  only  for  the  purposes  named  in  said  act  of  Congress  or  acts  amendatory 
thereof  or  supplemental  thereto. 

Statutes,  1901,  Chapter  XLI:  SECTION  1.  The  board  of  regents  of  the  State  uni- 
versity are  hereby  authorized  and  directed  to  contract  and  equip  a  suitable  building 
upon  the  State  land  at  Reno,  to  be  known  as  a  chemical  and  physical  laboratory 
and  used  for  purposes  of  instruction  and  research  in  chemistry  and  physics. 

Si •:< !.  2.  The  building  shall  be  of  brick  and  stone  and  shall  not  exceed  in  cost  tne 
sum  of  $12,000. 

SEC.  3.  Twelve  thousand  dollars  are  hereby  appropriated  for  the  construction 
and  equipment  of  said  building,  and  in  no  case  shall  a  contract  be  entered  into 
which  shall  exceed  the  sum  of  $12,000  for  the  erection  and  equipment  of  said 
building. 

Sec.  4.  The  money  hereby  appropriated  shall  be  taken  from  the  State  school  fund. 
and  in  its  place  shall  be  deposited  twelve  bonds  of  the  State  of  Nevada  of  $1 ,000 
each ,  bearing  interest  at  the  rate  of  4  per  cent  per  annum.  Said  bonds  shall  run  for 
twenty  years,  but  shall  be  redeemable  by  the  State  at  its  pleasure  after  two  years. 
Said  bonds  shall  be  signed  by  the  governor  and  State  comptroller,  countersigned 
by  the  State  treasurer,  and  authenticated  with  the  great  seal  of  the  State,  and  each 
bond  shall  state  in  substance  that  the  State  of  Nevada  owes  its  State  school  fund 
$  1 .()( 10 .  the  interest  on  which  sum ,  at  4  per  cent  per  annum ,  the  State  of  Nevada  agrees 
to  pay  during  the  life  of  said  bonds  for  the  benefit  of  the  common  schools  of  the  State. 
Said  bonds  may  be  lithographed,  as  is  usual  in  similar  cases,  and  deposited  with 
the  State  treasurer.  The  interest  on  said  bonds  shall  be  paid  smniannually ,  on  the 
1st  day  of  January  and  the  1st  day  of  July  of  each  year,  on  the  written  order  of 
the  State  board  of  education  to  the  State  comptroller,  directing  him  to  draw  his 
warrant  for  the  amount  of  such  semiannual  interest  on  the  contingent  university 
fund.  All  sums  derived  from  the  interest  on  said  bonds  shall  be  paid  into  the  gen- 
eral school  fund  for  the  support  of  the  common  schools  of  the  State,  and  for  the 

ED  1903 8 


114  EDUCATION    EEPORT,   1903. 

regular  and  prompt  payment  of  which  the  faith  and  credit  of  the  State  is  hereby 
pledged. 

SEC.  5.  For  the  fiscal  year  beginning  January  1 , 1901 ,  and  annually  thereafter,  such 
an  annual  tax  shall  be  levied  and  included  in  and  be  a  part  of  the  annual  tax  levy 
for  the  contingent  university  fund,  not  exceeding  one-half  of  1  cent  on  each  $100, 
as  may  be  necessary  to  pay  the  annual  interest  on  said  bonds  and  create  a  sinking 
fund  for  their  redemption  and  payment  at  maturity,  which  tax,  when  collected, 
shall  be  held  in  said  contingent  university  fund  and  applied  only  to  the  payment  of 
ssiicl  interest  and  bonds,  as  required  by  this  act.  (Approved  Mar.  12,  1901.) 

Ibid.,  1901,  Chapter  XLIX:  Appropriates  for  the  support  of  the  State  University 
$36,000,  payable  as  follows:  From  the  contingent  university  fund  $26.000,  and  from 
the  interest  account,  90,000-acre  grant  [act  Cong.,  July  2,  1862],  $10,000. 

Ibid.,  1901,  Chapter  XLV:  SECTION  1.  The  board  of  regents  of  the  State  Uni- 
versity are  hereby  directed  to  construct  and  equip  a  suitable  building  upon  the 
State  land  at  Reno,  to  be  used  as  a  hospital  for  students  who  may  be  sick  and  in 
need  of  special  care. 

SEC.  2.  The  building  to  be  used  as  a  hospital  for  students,  and  its  equipments 
shall  not  exceed  in  cost  the  sum  of  $3,500.  [The  act  then  provides  for  live  bonds 
of  $700  to  be  substituted  for  money  taken  from  the  State  school  fund  under  the 
conditions  of  the  fourth  section  of  Chapter  XLI  above.] 

Ibid. ,  1901 ,  Chapter  LXX:  SECTION  1.  From  and  after  the  passage  of  this  act,  for 
the  purpose  of  keeping  the  State  on  a  cash  basis  without  resorting  to  an  onerous 
rate  of  taxation,  the  sum  of  $47,000  is  hereby  authorized  to  be  borrowed  for  the  use 
and  benefit  of  the  general  fund  of  the  State  from  the  State  school  fund  at  such 
times  and  in  such  amounts  as  may  be  necessary  to  meet  the  requirements  of  the 
State  government,  and  the  sum  of  $20,000  is  hereby  authorized  to  be  borrowed  for 
the  purpose  of  providing  funds  for  the  support  and  maintenance  of  the  State  Uni- 
versity, without  resorting  to  an  onerous  rate  of  taxation,  from  the  State  University 
fund  and  the  university  fund,  90,000-acre  grant,  for  the  use  and  benefit  of  the  con- 
tingent university  fund  and  interest  account,  90,000-acre  grant,  at  such  times  and 
in  such  amounts  as  may  be  necessary  to  meet  the  requirements  of  the  State 
University. 


NEW  HAMPSHIRE. 

Constitution,  article  82:  Knowledge  and  learning  generally  diffused  through  a 
community  being  essential  to  the  preservation  of  a  free  government,  and  spreading 
the  opportunities  and  advantages  of  education  through  the  various  parts  of  the 
country  being  highly  conducive  to  promote  this  end,  it  shall  be  the  duty  of  the 
legislators  and  magistrates  in  all  future  periods  of  this  government  to  cherish  the 
interest  of  literature  and  the  sciences  and  all  seminaries  and  public  schools;  to 
encourage  private  and  public  institutions,  rewards  and  immunities  for  the  promo- 
tion of  agriculture,  arts,  sciences,  commerce,  trades,  manufactures,  and  natural 
history  of  the  country;  to  countenance  and  inculcate  the  principles  of  humanity 
and  general  benevolence,  public  and  private  charity,  industry  and  economy,  hon- 
esty and  punctuality,  sincerity,  sobriety,  and  all  social  affections  and  generous 
sentiments  among  the  people:  Provided,  nevertheless.  That  no  money  raised  by 
taxation  shall  ever  b3  granted  or  applied  for  the  use  of  the  schools  or  institutions 
of  any  religious  sect  or  denomination.  [This  proviso  was  added  in  1877.] 

Laws,  1863,  chapter  2732:  SECTION  1.  The  State  of  New  Hampshire  hereby 
accepts  the  grant  made  to  it  by  Congress,  according  to  the  provisions  of  an  act 
donating  public  lands  to  the  several  States  and  Territories,  which  may  provide 
colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts,  approved  July  2, 1862, 
and  the  governor  is  hereby  authorized  and  instructed  to  give  due  notice  thereof 
to  the  Secretary  of  the  Interior,  or  other  proper  officer  of  the  Government  of  the 
United  States. 

SEC.  2.  The  governor  is  hereby  authorized  and  instructed  to  receive  by  himself, 
or  his  order,  from  the  Secretary  of  the  Interior,  or  any  other  officer  authorized  to 
issue  the  same ,  all  the  land  scrip  to  which  this  State  may  be  entitled  by  the  pro- 
visions of  the  before-mentioned  act  of  Congress. 

SEC.  3.  The  governor,  by  and  with  the  advice  and  consent  of  the  council,  is 
hereby  authorized  and  instructed  to  appoint  a  commissioner,  whose  duty  it  shall 
be  to  take  charge  of  the  scrip  received  by  this  State,  and  to  sell  and  transfer  the 
same  on  terms  to  be  approved  by  the  governor  and  council:  Provided,  That  no 
scnp  shall  be  transferred  and  delivered  to  any  purchaser  thereof  until  the  same 
shall  have  been  fully  paid  for,  and  said  commissioner  shall  pay  the  moneys  so 


LAWS    RELATING    TO    LAND-GKANT    COLLEGES.  115 

received  to  the  treasurer  of  the  State.  Said  commissioner  shall  give  a  bond  with 
smiicient  sureties,  in  tne  penal  sum  of  $35.000.  to  bj  approved  by  the  governor 
and  council,  that  he  will  faithfully  perform  the  duties  of  his  office,  and  shall 
render  full  and  accurate  returns  to  them  at  the  end  of  every  yix  months,  or  oftener, 
if  required  to  do  so  by  them,  of  his  proceedings  under  this  act.  The  compensation 
of  said  commissioner  shall  be  fixed  by  the  governor  and  council,  and  the  governor 
is  hereby  authorized  to  draw  his  warrants  on  the  treasury  for  the  same,  and  for 
all  other  necessary  expanses  arising  out  cf  the  management  and  sale  of  said  scrip. 

SEC.  4.  The  treasurer  shall  hold  all  the  moneys  received  for  the  sale  of  said  scrip 
and  shall  invest  the  same  in  accordance  with  the  provisions  of  the  fourth  section 
of  the  before-mentioned  act  of  Congress.  The  money  so  invested  shall  constitute 
a  separate  and  perpetual  fund,  to  be  entitled  "  The  fund  for  the  promotion  of  edu- 
cation in  agriculture  and  the  mechanic  arts,"  which  shall  be  appropriated  and 
tli"  interest  used  in  such  manner  as  the  legislature  shall  prescribe,  and  in  accord- 
ance with  the  aforesaid  act  of  Congress,  and  with  which  a  special  office  and  bank 
account  shall  be  kept,  so  that  the  moneys  shall  not  be  intermingled  with  ordin- 
ary funds  of  the  State;  and  cf  the  state  and  condition  of  said  fund  the  treasurer 
shall  make  an  annual  report  to  the  legislature. 

Si.i  .  5.  The  governor,  with  the  advice  and  consent  of  the  council,  is  hereby 
authorized  and  instructed  to  appoint  a  committee  consisting  of  10  persons,  one 
from  each  county,  who  from  their  profession  and  pursuits  may,  in  their  judg- 
ment, be  best  qualified  for  the  duty,  who  shall,  after  the  fullest  inquiry  and  con- 
sultation, prepare  a  scheme  for  the  establishment  of  a  college  for  education  in 
agriculture  and  the  mechanic  arts  and  make  a  printed  report  thereon  to  the  legis- 
lature at  its  next  June  session.  The  compensation  of  said  committee  for  their  labor 
and  expenses  shall  be  determined  by  the  governor  and  council,  and  the  governor 
is  hereby  authorized  to  draw  his  warrants  on  the  treasury  for  the  same  on  receiv- 
ing their  report.  (Approved  July  9,  1863.) 

Laws.  1S6(5,  chapter  4216:  SECTION  1.  A  college  is  hereby  established,  incorpo- 
rat  (1.  and  made  a  body  politic  and  corporate,  by  the  name  of  the  New  Hampshire 
College  of  Agriculture  and  the  Mechanic  Arts,  whose  leading  object  shall  be, 
without  excluding  other  scientific  and  classical  studies,  and  including  military 
tactics,  to  teach  such  branches  of  learning  as  are  related  to  agriculture  and  the 
mechanic,  arts,  in  conformity  to  an  act  of  Congress  '  '  approved  July  2, 

UK!  by  that  name  may  sue  and  be  sued,  prosecute,  and  defend  to  final  judg- 
ment and  execution,  and  shall  be  vested  with  all  the  powers  and  privileges  and  be 
subject  to  all  the  liabilities  incident  to  corporations  of  a  similar  nature. 

SKC.  6.  The  trustees  are  authorized  and  empowered  to  locate  and  establish  the 
college  incorporated  by  this  act  at  Hanover,  in  this  State,  in  connection  with 
Dartmouth  College,  and  with  that  corporation  to  make  all  necessary  contracts  in 
relation  to  the  terms  of  connection  therewith,  subject  to  be  terminated  upon  a 
notice  of  one  year  given  at  any  time  after  foiirteen  years.  *  *  *  The  said 
trustees  are  also  authorized  and  directed  to  furnish,  so  far  as  may  be  practicable, 
free  tuition  to  indigent  students  of  the  college,  and  to  make  provision  for  the 
delivery  of  free  lectures  in  different  parts  of  the  State  upon  subjects  pertaining  to 
agriculture  and  the  mechanic  arts. 

SEC.  7.  All  funds  derived  from  the  sale  of  the  land  scrip  issued  to  the  State  of 
New  Hampshire  by  the  United  States,  in  pursuance  of  the  act  of  Congress  herein- 
before mentioned,  shall  be  invested  in  registered  bonds  of  the  State  of  New 
Hampshire  or  of  the  United  States,  which  shall  be  delivered  to  the  State  treas- 
urer, who  shall  have  the  custody  of  the  same,  and  pay  over  the  income  thereof,  as 
it  may  accrue,  to  the  treasurer  of  the  College  of  Agriculture  and  the  Mechanic 
Arts.  (Approved  July  7,  1866.) 

Laws,  1887,  chapter  125:  The  sum  of  $3,000  is  hereby  appropriated  annually  to 
the  New  Hampshire  College  of  Agriculture  and  the  Mechanic  Arts,  to  be  annually 
expended  in  providing  free  tuition  for  all  students  in  said  college  who  are  resi- 
dents of  the  State  and  in  paying  the  general  expenses  of  the  college  in  such  man- 
ner as  the  trustees  may  direct;  the  said  sum  to  be  drawn  from  the  treasury  in 
semiannual  payments  from  any  moneys  not  otherwise  appropriated.  (Approved 
August  24,  1887.) 

Laws,  1891 ,  chapter  2 :  SECTION  1 .  The  legislature  of  the  State  of  New  Hampshire 
hereby  gives  its  assent  to  the  purpose  of  and  accepts  for  the  benefit  of  the  New 
Hampshire  College  of  Agriculture  and  the  Mechanic  Arts  the  grants  of  money 
authorized  by  act  of  Congress  approved  August  30,  1890,  for  the  further  endow- 
ment and  support  of  the  colleges  for  the  benefit  of  agriculture  and  the  mechanic 
arts  and  "  to  be  applied  only  to  instruction  in  agriculture,  the  mechanic  arts,  the 
English  language,  and  the  various  branches  of  mathematical,  physical,  natural 


116  EDUCATION    REPORT,   1903. 

and  economic  science,  with  special  reference  to  their  applications  in  the  industries 
of  life  and  the  facilities  for  such  instruction,"  as  provided  in  said  act  of  Congress. 

SEC.  2.  The  treasurer  of  the  New  Hampshire  College  of  Agriculture  and  the 
Mechanic  Arts  is  hereby  designated  and  authorized  to  receive  all  grants  of  money 
made  to  this  State  under  the  provisions  of  said  act  of  Congress. 

Laws,  1891,  chapter  12:  Whereas  Benjamin  Thompson,  late  of  Durham,  in  this 
State,  died  January  30,  1890,  leaving  a  will  and  codicils  thereto,  which  have  been 
proved,  approved,  and  allowed  by  the  probate  court  of  the  county  of  Straff ord,  by 
which  he  devised  a  large  share  of  his  property  to  the  State  of  New  Hampshire,  in 
trust,  for  the  establishment  and  maintenance  of  a  school  or  college,  to  ba  located 
on  his  "  Warner  Farm,"  in  said  Durham,  wherein  there  shall  be  thoroughly 
taught,  both  in  the  schoolroom  and  in  the  field,  the  theory  and  practice  of  agri- 
culture and  other  sciences  connected  therewith,  and  wherein  there  may  be  taught 
such  other  arts  and  sciences  as  may  be  necessary  to  enable  the  State  to  fully  avail 
itself  of  the  donation  of  land  made  by  the  act  of  Congress  of  the  United  States 
approved  July  2,  1862,  entitled,  etc.;  and 

Whereas  said  bequest  is  made  subject  to  certain  provisos,  conditions,  and  lim- 
itations set  forth  in  the  will  and  the  codicil  thereto,  to  which  reference  is  made  for 
the  particulars  thereof;  and 

Whereas  by  one  of  said  conditions  it  is  provided  that  said  bequest  shall  become 
null  and  void  if  the  State  does  not  accept  the  trust  within  two  years  from  the  time 
of  the  decease  of  said  Thompson:  Now,  therefore, 

SECTION  1.  The  State  of  New  Hampshire  does  hereby  gratefully  accept  said 
bequest,  subject  to  the  provisos,  conditions,  and  limitations  set  forth  in  said  will 
as  modified  by  the  codicils  thereto,  and,  in  consideration  thereof,  does  hereby 
promise  to  execute  said  trust  in  accordance  with  the  terms  of  said  will. 

SEC.  2.  The  State,  in  compliance  with  the  requirements  of  said  will  and  codicils, 
promises  and  guarantees  to  appropriate,  and  doss  hereby  appropriate,  annually  for 
the  term  of  twenty  years  from  and  after  said  Thompson's  death  such  sum  as  will 
pay  a  net  annual  compound  interest  of  4  per  cent  per  annum  upon  the  amount  of 
the  appraised  value  of  the  estate  bequeathed  and  devised  to  the  State  as  aforesaid, 
aside  from  the  real  estate  situated  in  said  Durham ,  after  deducting  therefrom  the 
legacies  given  by  the  codicils  to  said  will,  and  does  hereby  authorize  and  direct 
the  State  treasurer  to  credit  said  sums  to  the  trust  fund,  as  provided  in  the  fourth 
section  of  this  chapter. 

SEC.  3.  The  State,  in  further  compliance  with  the  requirements  of  said  will  and 
codicils,  promises  and  guarantees  to  appropriate,  and  does  hereby  appropriate, 
annually  for  the  term  of  twenty  years  from  and  after  said  Thompson's  death  the 
sum  of  $3,000  and  such  further  sum  as  will  pay  a  net  annual  compound  interest 
of  4  per  cent  per  annum  upon  said  annual  appropriations  from  the  dates  when 
they  severally  become  a  part  of  the  trust  fund  until  the  expiration  of  the  said  term 
of  twenty  years,  and  does  hereby  authorize  and  direct  the  State  treasurer  to  credit 
said  sums  to  the  trust  fund,  as  provided  in  the  following  section. 

SEC.  4.  The  State  treasurer,  upon  receipt  of  the  estate  devised  to  it  by  said  will 
and  codicils,  shall  open  two  accounts  in  a  book  provided  for  the  purpose,  as  fol- 
lows: He  shall  open  one  account  with  "The  Benjamin  Thompson  trust  fund," 
and  shall  credit  therein  to  said  fund,  under  date  of  January  30,  1891,  the  amount 
of  the  appraised  value  of  the  estate  received  by  the  State,  by  virtue  of  said  Thomp- 
son's will,  together  with  a  sum  equal  to  4  per  cent  ux^on  said  appraised  value  (not 
including  the  real  estate  situated  in  said  Durham) ,  and  on  the  30th  day  of  January 
in  each  year  thereafter  until  and  including  January,  1910,  excepting  when  such 
day  falls  on  Sunday,  and  in  such  cases  on  the  day  preceding,  he  shall  credit  to  said 
account  a  sum  equal  to  4  per  cent  upon  the  total  amount  of  said  trust  fund,  except- 
ing the  appraised  value  of  the  real  estate  in  said  Durham,  after  the  credits  of  the 
preceding  year  have  been  made.  He  shall  open  the  other  account  with  ' '  The  Ben- 
jamin Thompson  State  trust  fund,"  and  shall  credit  therein  to  said  fund,  under 
date  of  January  30,  1891,  the  sum  of  $3,000,  together  with  a  sum  equal  to  4  per 
cent  upon  said  sum  of  $3,000,  and  on  the  30th  day  of  January  in  each  year  there- 
after, until  and  including  January,  1910,  excepting  when  such  day  falls  on  Sunday, 
and  in  such  cases  on  the  day  preceding,  he  shall  credit  to  said  account  a  sum  equal 
to  4  per  cent  upon  the  total  amount  of  said  trust  fund  after  the  credits  of  the  pre- 
ceding year  have  been  made. 

SEC.  5.  The  accounts  so  made  shall  represent  the  amount  of  the  trust  funds  in 
the  possession  of  the  State;  and  the  State  guarantees  to  preserve  them  intact  and 
unimpaired  until  they  shall  become  available  for  opening  and  maintaining  said 
school  or  college,  and  then  to  administer  them  as  required  by  said  will. 

SEC.  C.  The  State  treasurer  is  hereby  authorized  to  receive  from  the  executors 
of  said  will  the  money,  notes,  bonds,  stocks,  and  evidences  of  debt  coming  to  the 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  117 

State  by  virtue  of  the  will  and  to  give  proper  discharge  therefor  in  the  name  of 

SEC.  7.  If  any  notes,  bonds,  stocks,  or  evidences  of  debt  shall  come  to  the  State 
treasurer  from  said  executors  as  a  part  of  said  estate,  he  may,  with  the  approval 
of  the  governor  and  council,  convert  the  same  into  money,  selling  the  stocks  and 
bonds  by  auction  at  the  Boston  Stock  Exchange  or  such  other  place  in  Boston  as 
property  of  that  kind  is  usually  sold. 

SEC.  8.  All  notes,  bonds,  stocks,  and  other  evidences  of  debt  coming  into  the 
possession  of  the  treasurer  and  not  converted  into  money  as  aforesaid  shall  be 
transferred  to  the  State  and  be  carefully  preserved  by  the  treasurer.  The  gov- 
ernor and  council  may  authorize  any  person  to  vote  upon  any  of  such  stocks  at  meet- 
ings of  stockholders  of  the  corporations  to  which  the  stocks  appertain,  and  may 
authorize  a  sale,  and  transfer  thereof  whenever  they  deem  it  to  be  for  the  interest 
of  the  State. 

Sir.  9.  The  governor  and  council  are  authorized  to  sell  and  convey  any  real 
estate  coming  to  the  State  by  virtue  of  the  said  will  which  the  State  has  power 
to  sell,  in  such  manner  and  at  such  time  as  they  shall  think  for  the  interest  of  the 
State,  and  may  make  and  execute  in  the  name  of  the  State  proper  conveyances 
thereof  upon  payment  of  the  consideration  therefor  to  the  State  treasurer. 

SEC.  10.  All  money  received  from  the  sources  aforesaid  shall  be  used  as  soon  as 
practicable  after  its  receipt  in  paying  and  retiring  outstanding  indebtedness  of 
the  State;  and  the  State  treasurer  shall  keep  an  itemized  and  true  account  of  all 
money  and  securities  of  any  kind  so  received,  and  of  the  disposition  made  of  the 
same  and  of  the  proceeds  thereof,  and  shall  give  a  full  account  thereof  in  his 
annual  reports,  and  shall  state  in  each  annual  report  the  exact  condition  of  said 
funds. 

Src.  It.  [As  amended  by  Laws.  1891,  chapter  52,  section  7.]  The  trustees  of 
the  New  Hampshire  College  of  Agriculture  and  the  Mechanic  Arts  are  hereby 
authorized  and  directed  in  behalf  of  the  State  to  receive  possession  of  the  real 
estate  in  Durham  coming  to  the  State  by  virtue  of  said  will,  and  to  care  for,  con- 
trol, and  manage  it  until  it  is  needed  for  the  uses  of  the  school  or  college  to  be 
established  as  provided  in  the  will. 

SEC.  12.  The  board  shall  make  report  of  their  doings  in  respect  to  such  real  estate 
in  their  annual  reports. 

SEC.  13.  In  case  the  State  shall  desire  to  establish  said  school  or  college  at  any 
time  before  the  expiration  of  twenty  years  from  the  time  of  the  decease  of  the  said 
Thompson,  it  shall,  before  using  any  of  either  of  the  funds  aforesaid,  raise  and  set 
apart  such  sums  of  money  as  will  make  said  funds  equal  in  amount  to  what  said 
funds  would  become  if  accumulated  during  twenty  years,  and,  having  thus  raised 
and  set  apart  such  sums  of  money,  the  State  shall  thereafter  be  relieved  from  the 
obligation  of  appropriating  annually,  for  the  balance  of  the  said  term  of  twenty 
years,  the  said  sum  of  $3,000  and  guaranteeing  the  net  annual  compound  interest 
of  4  per  cent  thereon;  and  the  State  shall  also  be  thereafter  relieved  from  the 
obligation  t<  >  provide  for  or  guarantee  any  interest  upon  the  amount  of  the  appraised 
value  of  said  estate,  as  hereinbefore  provided. 

SK<  -.  14.  The  governor  and  council  are  authorized,  in  behalf  of  the  State,  to  make 
and  enter  into  such  further  stipulations  with  the  executors  of  said  will  and  to  give 
such  further  guarantees  as  the  executors  shall  require  to  secure  the  objects  intended 
by  said  Thompson  to  be  secured  by  his  said  will  and  codicils,  and  to  affix  the  name 
and  seal  of  the  State  thereto,  and* to  do  all  other  acts  that  may  become  necessary 
to  secure  the  rights  of  the  State  under  said  will. 

SEC.  15.  The  said  will  and  codicils  shall  be  recorded  in  the  office  of  the  secretary 
of  state.  (Approved  March  5,  1891.) 

Laws,  1891,  chapter  52:  SECTION  1.  The  trustees  of  the  New  Hampshire  College 
of  Agriculture  and  the  Mechanic  Arts,  located  at  Hanover,  in  this  State,  are  hereby 
instructed  and  required  to  terminate  the  location  and  agreement  made  and  con- 
cluded on  April  7,  1868,  between  the  said  New  Hampshire  College  of  Agriculture 
and  the  Mechanic  Arts  and  Dartmouth  College,  by  giving  one  year's  notice  of 
such  termination ,  in  writing,  to  the  trustees  of  Dartmouth  College  as  soon  as  prac- 
ticable after  the  time  when  this  act  shall  take  effect,  in  accordance  with  the  terms 
of  said  agreement  and  of  the  act  of  incorporation  of  said  New  Hampshire  College 
of  Agriculture  and  the  Mechanic  Arts. 

SEC.  2.  Upon  the  termination  of  the  location  and  agreement  aforesaid  the  said 
Kew  Hampshire  College  of  Agriculture  and  the  Mechanic  Arts  and  the  experi- 
ment station  connected  therewith  shall  be  removed  from  Hanover  to  and  located 
upon  the  "  Warner  farm."  so  called,  of  the  late  Benjamin  Thompson,  in  the  town 
of  Durham,  devised  by  the  said  Thompson  to  the  State  of  New  Hampshire  by  his 
last  wrill  and  testament. 


118  EDUCATION    KEPORT,   1903. 

SEC.  3.  The  trustees  of  the  New  Hampshire  College  of  Agriculture  and  the 
Mechanic  Arts  are  hereby  authorized  and  directed  to  sell,  at  public  or  private 
sale,  the  real  estate,  with  the  buildings  thereon,  acquired  by  them  by  the  deed  of 
John  Conant,  dated  September  16, 1870,  *  *  •  and  all  other  real  estate  owned 
by  said  college  in  tho  town  of  Hanover,  reserving  the  right  to  occupy  the  same 
until  the  removal  of  said  college  as  hereinbefore  provided,  and  to  invest  the  pro- 
ceeds of  such  sales,  so  far  as  the  same  shall  be  derived  from  the  sale  of  the  land 
conveyed  to  said  college  by  said  Conaiit,  in  accordance  with  the  terms  expressed 
in  his  said  deed,  and  the  balance  of  said  proceeds  in  aid  of  the  erection  and  fur- 
nishing of  buildings  for  the  use  of  said  college  upon  said  Warner  farm. 

SEC.  4.   [Repealed  by  Laws,  1893,  chapter  43.  section  3,  q.  v.] 

SEC.  5.  The  general  government  of  said  college  of  agriculture  and  mechanic 
arts  is  vested  in  a  board  of  13  trustees,  and  all  vacancies  hereafter  occurring  in 
said  board  shall  be  filled  as  follows:  The  governor  of  the  State  and  the  president 
of  said  college  shall  be  trustees  ex  officio.  The  alumni  of  said  college  may  elect  1 
trustee  in  such  manner  as  said  board  may  prescribe.  He  shall  be  a  resident  of 
the  State,  and  his  term  of  office  shall  be  three  years.  All  other  trustees  shall  be 
appointed  by  the  governor,  with  the  advice  of  the  council,  1  at  least  from  each 
councilor  district,  and  so  classified  and  commissioned  that  the  office  of  3  trustees 
shall  become  vacant  annually.  Not  more  than  5  of  the  trustees  appointed  by  the 
governor  and  council  shall  belong  to  the  same  political  party,  and  at  least  7  of 
them  shall  be  practical  farmers.  Seven  members  shall  constitute  a  quorum  for 
doing  business,  and  not  less  than  7  affirmative  votes  shall  be  required  to  elect  a 
president  of  said  college. 

SEC.  6.  The  sum  of  $100,000  is  hereby  appropriated  for  the  removal  of  said  col- 
lege from  Hanover  to  Durham  and  the  erection  and  maintenance  of  suitable 
buildings  for  the  purposes  of  said  college.  [Reimbursement  of  the  State  for  these 
funds  is  provided  for  in  Laws,  1893,  chapter  73,  q.  v.] 

SEC.  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  the  day  on  which 
the  estate  devised  and  bequeathed  to  the  State  by  the  said  Benjamin  Thompson 
shall  be  turned  over  to  and  become  the  property  of  the  State.  The  State  treas- 
urer is  hereby  required  to  notify  the  trustees  of  said  college  of  agriculture  and 
the  mechanic  arts,  in  writing,  of  the  reception  of  said  estate  immediately  after  it 
shall  be  turned  over  to  the  State  as  aforesaid.  (Approved  April  10,  1891.) 

Laws,  1893,  chapter  43:  SEC.  3.  The  State  of  New  Hampshire  hereby  relinquishes 
to  the  trustees  of  Dartmouth  College  any  rights  which  the  State  may  have  in  Cul- 
ver Hall,  at  Hanover,  and  waives  the  payment  by  said  trustees  of  the  $15,000  appro- 
priated by  the  State  July  9,  1869,  in  aid  of  the  erection  and  furnishing  of  said 
Culver  Hall;  and  the  sum  of  $15,000  is  hereby  appropriated,  to  be  paid  out  of  any 
money  in  the  treasury,  in  aid  of  the  erection  and  furnishing  of  the  buildings 
required  for  the  use  of  the  New  Hampshire  College  of  Agriculture  and  the 
Mechanic  Arts  upon  the  Warner  farm,  in  Durham.  (Approved  March  29,  1893.) 

Laws,  1893,  chapter  73:  SECTION  1.  The  sum  of  $35,000  is  hereby  appropriated 
for  completing  and  furnishing  the  buildings  of  the  New  Hampshire  College  of 
Agriculture  and  the  Mechanic  Arts  in  Durham,  and  for  other  purposes  of  said  col- 
lege, and  the  governor  is  authorized  to  draw  his  warrant  on  the  treasurer  for  said 
sum,  from  time  to  time,  as  the  same  shall  be  needed,  and  the  same  shall  be  paid 
to  the  treasurer  of  said  college  of  agriculture  and  the  mechanic  arts  and  expended 
under  the  direction  of  the  trustees. 

SEC.  2.  To  provide  the  funds  appropriated  by  this  act  and  to  reimburse  the  State 
treasury  for  the  amount  appropriated  by  chapter  52  of  the  pamphlet  laws  of  1891,. 
the  State  treasurer  is  hereby  authorized  to  issue,  under  the  direction  of  the  gov- 
ernor and  council,  bonds  or  certificates  of  indebtedness  in  the  name  and  in  behalf 
of  the  State  to  an  amount  not  exceeding  the  sum  of  $135,000,  and  the  same  shall 
be  deemed  a  pledge  of  the  faith  and  credit  of  the  State. 

SEC.  3.  Said  bonds  or  certificates  shall  be  dated  July  1,  1893,  and  made  payable 
in  twenty  years,  at  a  rate  of  interest  not  exceeding  4  per  cent  per  annum,  payable 
semiannually  on  the  1st  days  of  January  and  July  of  each  year,  such  bonds  to  have 
interest  warrants  or  coupons  attached  thereto,  said  bonds  and  coupons  to  be  signed 
by  the  State  treasurer  and  made  payable  at  such  bank  in  Boston  as  shall  be  desig- 
nated by  the  governor  and  council. 

SEC.  4.  The  treasurer  shall  keep  a  record  of  all  the  bonds  disposed  of  by  him, 
which  shall  contain  the  name  of  the  person  to  whom  any  bond  may  be  sold,  the 
number  thereof,  the  amount  received  therefor,  and  the  date  when  the  bond  shall 
become  due. 

SEC.  5.  The  Benjamin  Thompson  State  trust  fund,  established  in  pursuance  of 
the  provisions  of  section  4,  chapter  12.  of  the  pamphlet  laws  of  1891,  and  the  require- 
ments of  the  will  of  the  late  Benjamin  Thompson,  with  all  additions  and  accuinu- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  119 

lations  prior  to  and  including  January  30,  1910;  are  hereby  appropriated  for  the 
payment  of  the  issue  of  bonds  authorized  by  this  act,  provided  that  on  the  last- 
named  date  the  buildings  erected  in  accordance  with  the  provisions  of  chapter  52 
of  the  pamphlet  laws  of  1891  and  this  act  shall  be  in  such  condition  as  to  meet 
the  requirements  of  Benjamin  Thompson's  will. 

SEC.  6.  The  trustees  shall  elect  three  of  their  board,  who  shall  have  the  sole  con- 
trol of  expending  this  appropriation .  and  shall  complete  the  buildings  and  grade 
the  grounds  for  which  this  appropriation  is  made,  and  make  a  detailed  report  of 
their  expenditure  to  the  governor,  which  report  shall  be  published.  (Approved 
April  1,  1893.) 

Laws,  1895,  chapter  107:  SECTION  1.  A  two  years'  course  in  practical  and  theo- 
retical agriculture  is  hereby  established  in  said  college,  to  which  students  shall  be 
admitted  who  can  pass  a  fair  and  reasonable  examination  in  reading,  spelling, 
writing,  arithmetic.  English  grammar,  and  the  geography  and  history  of  the 
United  States,  as  may  be  approved  by  the  trustees.  In  this  course  students  are 
not  required  to  take  higher  mathematics  or  any  foreign  language.  In  addition, 
they  may  take  any  other  exercises  and  studies  for  which  they  are  qualified  and 
which  are  provided  by  the  college  in  other  courses.  Those  who  complete  the  two 
years'  course,  or  its  equivalent,  shall  receive  diplomas  as  graduates  of  that  course, 
Those  who  take  a  part  or  the  whole  of  this  course  may  continue,  for  four  years  in 
all,  to  take  in  other  courses,  exercises,  and  studies  for  which  they  are  'qualified; 
and  if  they  are  qualified  for  a  degree  of  a  four  years1  course,  they  shall  receive  it, 

Sic.  2.  A  department  of  horticulture,  with  a  specialist  in  charge,  is  hereby 
established  in  said  college. 

Si.c.  3.  Every  student  taking  the  two  years'  course,  or  during  two  years  of  any 
agricultural  course,  shall  devote  not  less  than  ten  hours  a  week  during  the  college 
year,  when  practicable,  under  competent  teachers,  to  practical  instruction  and 
manual  training  in  branches  of  agriculture  that  require  special  knowledge  and 
skill,  one-third  of  which  time  may  be  devoted  to  suitable  practical  instruction 
and  manual  training  in  shopwork  in  wood  and  iron;  but  any  student  may  be 
excused  from  such  exercises  for  physical  disability.  At  the  request  of  parents  or 
guardians,  students  may  be  excused  from  some  or  all  of  such  exercises  by  the 
trust* -es.  A  student  excused  from  all.  or  substantially  all,  such  manual  exercises 
at  the  request  of  parent  or  guardian,  and  not  for  sickness  or  other  disability,  shall 
not  receive  said  diploma. 

Laws.  1S<)7,  chapter  75:  The  property  of  the  New  Hampshire  College  of  Agri- 
culture and  the  Mechanic  Arts  is.hereby  exempted  from  taxation. 

Laws,  1899,  chapter  42:  Whereas  Hamilton  Smith,  of  Durham,  in  this  State, 
has  offered  to  donate  the  sum  of  $10,000  to  the  State  of  New  Hampshire  for  the 
benefit  of  the  New  Hampshire  College  of  Agriculture  and  the  Mechanic  Arts  for 
the  purpose  of  establishing  four  scholarships,  to  be  called  the  Valentine  Smith 
scholarships:  and 

Whereas  the  said  donation  involves  certain  conditions,  namely,  that  the  sum  of 
xloo  be  appropriated  annually  from  the  treasury  of  the  State  for  the  purpose  of 
paying  to  the  treasury  of  the  said  college  interest  upon  said  donation  at  the  rate 
of  4  per  cent:  Therefore, 

SECTION  1.  The  State  of  New  Hampshire  does  hereby  accept  said  donation  and 
bind  itself  to  fulfill  the  conditions  as  specified  in  the  deed  of  gift,  and  does  hereby 
promise  to  execute  the  said  trust  in  full  accord  with  the  terms  of  said  trust. 

SEC.  2.  The  State,  in  compliance  with  the  conditions  of  the  said  trust,  guaran- 
tees to  appropriate  and  does  hereby  appropriate,  annually,  the  sum  of  $400,  namely, 
interest  upon  the  amount  of  $10.000. 

SEC.  3.  The  interest  thus  appropriated  shall  be  computed  from  the  date  of  the 
receipt  by  the  treasurer  of  the  State  of  the  $10,000  specified  in  the  contract  of  gift, 

SEC.  4.  Beginning  with  the  date  of  said  receipt  by  the  treasurer  of  the  State, 
said  treasurer  shall  pay  to  the  treasurer  of  the  college,  in  semiannual  installments^ 
the  amount  of  $400  annually,  as  hereby  appropriated. 


JERSEY. 

[The  following  matter  is  taken  from  the  "General  Statutes  of  New  Jersey,  published  under 
the  authority  of  the  legislature  by  virtue  of  an  act  approved  April  4,  1834,  and  a  supplement 
thereto  approved  March  20,  1895,  in  3  volumes,"  Jersey  City,  N.  J.,  1896.] 

Agriculture.  SEC.  33.  Whereas  the  governor  of  this  State  has  received  from  the 
Secretary  of  the  Interior  the  scrip  for  public  lands  granted  to  the  State  of  New 
Jersey  by  an  act  of  Congress  ot  the  United  States  approved  July  2, 1862,  and  holds 
the  same  subject  to  such  disposition  as  may  be  made  by  the  legislature:  Therefore^ 


120  EDUCATION   REPORT,  1903. 

The  governor  of  this  State,  the  attorney-general,  the  secretary  of  state,  the  comp- 
troller, in  case  such  office  be  created,  and  the  treasurer  of  the  State,  and  their  suc- 
cessors in  office  for  the  time  being,  are  hereby  appointed  commissioners  to  take 
charge  of  such  scrip,  and,  as  agents  of  the  State,  to  sell  and  dispose  of  the  same  at 
such  time  or  times,  and  in  such  mode  as  may  appear  to  be  most  advantageous  and 
safe,  and  in  the  name  and  on  behalf  of  this  State  to  convey  and  transfer  the  same 
to  the  purchaser  or  purchasers  thereof,  and  to  invest  the  avails  thereof  in  the 
manner  specially  provided  by  said  act  of  Congress. 

SEC.  34.  Said  commissioners  shall  semiannually  pay  over  the  interest  of  the 
fund  which  may  result  from  the  sale  of  said  scrip  to  the  trustees  of  Rutgers  Col- 
lege, in  New  Jersey,  for  the  special  purposes  and  upon  the  special  conditions  here- 
inafter set  forth. 

SEC.  35.  Said  trustees  shall  devote  said  interest  wholly  and  exclusively  to  the 
maintenance  in  that  department  of  Rutgers  College  known  as  Rutgers  Scientific 
School  of  such  courses  of  instruction  as  (including  the  courses  of  instruction 
already  established  by  said  trustees)  shall  carry  out  the  intent  of  said  act  of  Con- 
gress in  the  manner  specially  prescribed  by  the  fourth  section  of  said  act. 

SEC.  36.  Said  trustees  shall  furnish  gratuitous  education  in  said  courses  of 
instruction  to  pupils  of  said  school  in  such  manner  as  the  legislature  shall  pre- 
scribe; the  number  of  pupils  to  be  so  received  gratuitously  into  said  school  shall 
be  in  each  year  such  a  number  as  would  expend  a  sum  equal  to  one-half  of  the  said 
interest  for  the  same  year  in  paying  for  their  instruction  in  said  school  if  they  were 
required  to  pay  for  it  at  the  regular  rates  charged  to  other  pupils  of  said  school 
for  the  same  year;  said  pupils  so  nominated  and  received  shall  be  citizens  of  this 
State  and  shall  be  admitted  into  said  school  upon  the  same  terms  and  subject  to 
the  same  rules  and  discipline  which  shall  apply  to  all  other  papils  of  said  school, 
with  the  single  exception  that  they  shall  not  be  required  to  pay  anything  for  their 
instruction. 

SEC.  37.  The  said  trustees  shall  annually  make  and  distribute  the  reports  required 
by  the  fourth  paragraph  of  section  5  of  said  act  of  Congress. 

SEC.  38.  No  portion  of  the  said  interest  shall  be  paid  over  to  said  trustee?  until 
they  shall  contract  with  this  State,  in  such  form  as  the  said  commissioners  shall 
approve,  to  fulfill  and  perform  all  the  duties  and  obligations  imposed  upon  them 
by  this  act:  Provided,  That  the  said  board  of  trustees  shall,  in  their  corporate 
capacity,  obligate  themselves  to  erect  additional  and  adequate  buildings,  as  soon 
as  the  same  may  become  necessary,  without  charge  to  or  upon  this  State,  and,  in 
like  manner,  to  furnish  and  provide  a  suitable  tract  of  land  conveniently  located 
for  an  experimental  farm. 

SEC.  39.  There  shall  be  appointed  by  the  governor,  with  the  advice  and  consent 
of  the  senate,  a  board  of  visitors,  consisting  of  ten  persons,  two  from  each  Con- 
gressional district  in  this  State,  who  shall  hold  their  office  respectively  for  five 
years  and  who  shall  in  the  first  instance  be  so  appointed  that  the  term  of  office  of 
two  of  the  said  board  of  visitors  shall  expire  each  year,  and  the  governor  shall  in 
like  manner  appoint  two  annually  thereafter  and  shall  have  power  to  fill  all 
vacancies  in  the  board,  but  the  person  so  appointed  to  fill  such  vacancy  shall  only 
serve  under  such  appointment  until  the  next  session  of  the  senate  and  until  an 
appointment  shall  have  been  made  by  the  governor,  with  the  advice  and  consent 
of  the  senate,  and  the  person  so  appointed  shall  hold  office  only  for  the  unexpired 
term  of  the  person  whose  place  he  is  to  supply;  and  it  shall  be  the  duty  of  the  board 
of  visitors  to  visit  the  said  school  at  least  twice  in  each  year  and  to  make  report 
thereon  to  the  legislature  during  the  second  we^k  of  the  annual  session. 

SEC.  40.  The  board  of  visitors  shall  possess  general  powers  of  supervision  and 
control  and  shall  report  to  the  legislature  such  recommendations  as  to  them  may 
seem  proper. 

SEC.  41.  The  said  board  of  trustees  shall  cause  to  be  delivered  annually  in  each 
county  of  this  State  one  or  more  public  lectures  upon  the  subject  of  agriculture, 
free  of  charge. 

SEC.  42.  The  students  of  agriculture  and  the  mechanic  arts  shall  be  admitted 
into  said  college  upon  the  recommendation  of  the  board  of  chosen  freeholders  of 
their  respective  counties,  and  the  number  of  students  that  a  county  shall  at  any 
one  time  be  entitled  to  have  in  said  college  shall  be  equal  to  the  number  of  rep- 
resentatives in  the  legislature  to  which  such  county  is  entitfed,  or  in  proportion  to 
the  same. 

SEC.  43.  The  legislature  shall  have  power  at  any  time  hereafter  to  pass  such 
laws  as  may  be  deemed  necessary  and  proper  to  enforce  the  due  execution  of  this 
act  and  of  the  before-mentioned  act  of  Congress. 

SEC.  44.  The  board  of  visitors  to  the  Agricultural  College  of  New  Jersey  shall 
hereafter  consist  of  two  members  from  each  Congressional  district  in  this  State 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  121 

under  the  present  apportionment,  to  be  nominated  by  the  governor,  with  the 
advice  and  consent  of  the  senate. 

SEC.  45.  The  members  of  the  board  of  visitors  to  the  agricultural  college  now 
in  office  shall  continue  to  be  members  of  the  said  board  for  the  respective  Con- 
gressional districts  in  which  they  now  reside  until  the  expiration  of  the  term  for 
which  they  were  appointed. 

SEC.  46.  The  public  lectures  hereafter  to  be  delivered  by  the  State  agricultural 
college  in  the  counties  of  this  State  shall,  as  to  number,  time,  and  place,  be  under 
the  direction  of  the  board  of  visitors  of  the  State  agricultural  college. 

SEC.  47.  The  term  of  office  of  members  of  the  board  of  visitors  to  the  agricul- 
tural college  of  New  Jersey  shall  hereafter  be  two  years:  Provided,  That  this  pro- 
vision shall  not  apply  to  members  appointed  previous  to  the  passage  of  this 
supplement. 

SEC.  48.  The  actual  personal  expenses  of  members  of  the  board  of  visitors  incurred 
in  the  discharge  of  the  duties  imposed  upon  them  by  the  act  to  which  this  is  a 
supplement  shall  be  audited  by  the  comptroller  and  paid  by  the  treasurer  of  the 
State  out  of  any  moneys  unappropriated,  on  the  certificate  of  the  president  and 
secretary  of  the  board. 

SEC.  49.  For  the  purpose  of  bringing  to  public  attention  the  condition  of  the  free 
State  scholarships  in  the  State  agricultural  college,  the  board  of  visitors  are 
hereby  authorized  to  give  such  notice  by  letter,  or  posting,  or  by  advertisement 
of  the  counties  to  which  the  vacant  scholarships  belong  and  the  mode  of  filling 
them  as  they  may  judge  to  be  to  the  interest  of  the  State. 

SEC.  50.  Bills  incurred  for  the  above-named  objects,  properly  certified  by  the 
president  and  secretary  of  the  board,  shall  be  audited  by  the  comptroller  and  paid 
out  of  the  State  treasury. 

Si.'1.  51.  Whereas  the  proceeds  of  the  "agricultural  college  fund''  of  the  State 
of  New  Jersey  were,  by  act  of  the  legislature  approved  April  4, 1864,  directed  to  be 
paid  to  the  "trustees  of  Rutgers  College,  in  New  Jersey,  for  the  maintenance  in 
that  department  of  Rutgers  College  known  as  Rutgers  Scientific  School  of  such 
courses  of  instruction  (including  the  courses  of  instruction  already  established  by 
said  trustees)  as  shall  carry  out  the  intent"  of  the  act  of  Congress  of  July  2, 1862, 
and  whereas  said  "trustees  of  Rutgers  College,  in  New  Jersey,"  have  by  virtue  of 
said  act  received  the  proceeds  of  said  fund  and  have  faithfully  carried  out  the 
provisions  of  the  laws  of  the  United  States  and  of  the  State  of  New  Jersey  relating 
thereto,  and  have  maintained  and  are  now  maintaining  the  State  agricultural 
college  of  New  Jersey  in  its  vzmons  departments,  in  pursuance  of  and  as  required 
by  tin;  law  of  the  State,  it  is  hereby  affirmed  and  represented  that  said  institution 
is  the  State  agricultural  college  of  New  Jersey,  and  whereas  by  the  act  of  the 
legislature  of  New  Jersey  entitled  "An  act  to  provide  for  the  establishment  of  an 
agricultural  experiment  station,"  approved  March  10, 1880,  the  State  agricultural 
experiment  station  was  created  and  established,  and%by the  board  of  managers 
thereof,  by  the  authority  given  them  in  the  law.  has  been  located  at  the  said  State 
agricultural  college  as  a  part  of  the  agricultural  system  of  the  State,  and  whereas 
there  is  no  other  State  agricultural  college  and  no  other  agricultural  department 
of  a  college  and  no  other  State  agricultural  experiment  station  in  this  State  than  is 
hereinbefore  mentioned,  the  said  Rutgers  Scientific  School,  being  said  State  agri- 
cultural college  of  New  Jersey,  maintained  by  the  "trustees  of  said  Rutgers  Col- 
lege, in  New  Jersey,"  and  at  which  the  said  State  agricultural  experiment  station 
is  established  and  located,  is  hereby  designated  the  college  to  receive  the  benefit 
of  the  act  of  Congress  "to  establish  agricultural  experiment  stations,"  approved 
March  2,  1887,  and  of  the  act  "making  an  appropriation  to  carry  into  effect  the 
provisions  of  an  act  approved  March  2,  1887,"  approved  February  1, 1888,  and  any 
supplements  thereto;  and  the  State  of  New  Jersey  does  hereby  designate  the 
"trustees  of  Rutgers  College,  in  New  Jersey,"  maintaining  said  Rutgers  Scientific 
School,  said  State  agricultural  college,  as  the  parties  to  whom  any  and  all  moneys 
appropriated  by  Congress  under  said  acts,  or  acts  supplementary  thereto,  shall 
be  paid  for  the  purposes  mentioned  in  said  acts  of  Congress. 

SEC.  52.  The  board  of  visitors  to  the  State  agricultural  college  shall  hereafter 
consist  of  two  members  from  each  Congressional  district  in  this  State,  to  be 
appointed  by  the  governor  with  the  advice  and  consent  of  the  senate. 

SEC.  53.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby  repealed, 
and  this  act  shall  take  effect  immediately. 

SEC.  54.  Whereas  the  commissioners  named  in  said  act  approved  April  4,  1864, 
"to  take  charge  of  such  scrip,  and  as  agents  of  the  State  to  sell  and  dispose  of  the 
same  at  such  time  or  times  and  in  such  mode  as  may  appear  to  be  most  advanta- 
geous and  safe,"  did  invest  the  proceeds  of  the  sale  thereof  in  "  war  bonds  "  of  the 


122  EDUCATION    EEPOKT,   1903. 

State  of  New  Jersey,  a  portion  of  which  bonds  have  already  matured  and  been 
paid,  and  the  balance  thereof  will  mature  January  1,  1897,  and  January  1,  1902, 
and  whereas  the  moneys  received  by  said  commissioners  in  payment  of  said  bonds 
already  matured  and  paid  are  iinin vested,  owing  to  the  inability  of  said  commis- 
sioners to  invest  the  same  conformably  to  the  said  act  of  Congress,  and  said 
moneys  and  the  further  funds  to  be  received  by  said  commissioners  will  remain 
uninvested  and  the  objects  of  said  act  of  Congress  and  of  said  act  of  the  legisla- 
ture of  this  State,  approved  April  4,  1864,  thereby  [be]  defeated;  and  whereas  the 
governor,  by  special  message,  has  recommended  legislation  to  meet  the  require- 
ments of  the  situation,  that  forthwith  on  the  passage  of  this  act  the  said  com- 
missioners named  in  this  act  approved  April  4,  18C4,  shall  transfer  and  pay  over 
the  funds  now  in  their  hands  or  deposited  to  their  credit  to  the  official  or  officials 
having  charge  of  the  sinking  fund  of  this  State,  and  said  commissioners  shall  from 
time  to  time  hereafter,  as  moneys  shall  be  by  them  received  under  this  act 
approved  April  4,  1864,  likewise  pay  over  and  transfer  the  same  to  the  State  sink- 
ing fund,  and  thereafter  the  said  moneys  so  transferred  or  paid  over  shall  be 
incorporated  with  and  become  part  and  parcel  of  the  sinking  fund  of  this  State 
and  dealt  with  in  all  respects  as  part  and  parcel  thereof. 

SEC.  55.  Upon  payment  or  transfer  of  any  such  moneys  as  aforesaid  to  the  sink- 
ing fund  of  the  State,  thevState  treasurer  and  comptroller  shall  issue  and  deliver 
therefor  to  said  commissioners  a  certificate  of  this  State  to  the  eifect  that  the 
State  will  pay  to  said  commissioners,  semiannualiy,  5  per  cent  of  the  amount 
so  paid  into  or  transferred  to  the  sinking  fund  so  long  as  said  act  of  Congress 
and  the  laws  of  this  State,  passed  in  pursuance  thereof,  shall  be  in  all  things  and 
by  all  parties  observed  and  complied  with. 

SEC.  56.  The  per  centum  paid  to  said  commissioners  upon  any  certificate  issued 
under  this  act  shall  be  by  them  paid  over  to  the  person  or  persons,  body  or  bodies, 
now  or  hereafter  entitled  by  law  to  receive  the  same. 

SEC.  57.  In  order  that  students  in  the  schools  in  all  parts  of  the  State  may 
receive  the  stimulus  afforded  by  the  opportunity  to  pursue  the  courses  of  study  in 
the  State  agricultural  college,  and  in  order  to  enable  said  State  agricultural  col- 
lege to  furnish  instruction  gratuitously  to  students,  residents  of  this  State,  in 
its  several  courses  of  study,  as  special  courses  of  advanced  study  in  the  public 
school  system  of  this  State,  there  shall  be  sent  to  the  said  college  to  the  number 
of  one  each  year  from  each  assembly  district  in  this  State,  to  be  selected  and 
designated  as  hereinafter  provided,  who  shall  receive  gratuitous  instruction  in 
any  or  in  all  the  prescribed  branches  of  study  in  any  of  the  courses  of  study  of 
said  State  college,  under  the  general  powers  of  supervision  and  control  possessed 
by  the  board  of  visitors  of  said  State  college;  said  students  so  received  shall  be 
residents  of  this  State,  and  shall  be  admitted  into  said  State  college  upon  the 
terms  and  subject  to  the  rules  and  discipline  which  shall  apply  to  all  other  free 
students  of  said  State  college;  and  if  there  should  be  more  than  one  suitably- 
prepared  applicant  from  tHe  same  assembly  district  in  the  same  year,  such  addi- 
tional applicants  may,  in  the  discretion  of  the  board  of  visitors  of  the  said  State 
agricultural  college,  be  received  on  any  vacant  scholarships  of  any  other  assembly 
districts  until  such  districts  shall  require  such  scholarships  after  notice  has  been 
served  on  the  superintendent  of  education  of  the  county  in  which  such  vacant 
assembly  districts  are  situated. 

SEC.  58.  Said  students  shall  be  selected  as  follows:  A  competitive  examination, 
under  the  direction  of  the  city  superintendents  and  the  county  superintendent  of 
education  in  each  county,  shall  be  held  at  the  county  court-house  in  each  county 
of  the  State,  upon  the  first  Saturday  in  June  in  each  year,  and  the  necessary  travel- 
ing expenses  of  said  examiners  not  otherwise  provided  for  by  law,  on  the  approval 
of  the  president  and  secretary  of  the  board  of  visitors  of  said  State  agricultural 
college,  shall  be  paid  by  said  State  college;  students  who  apply  for  examination 
shall  be  examined  upon  such  subjects  as  may  ba  designated  by  the  faculty  of  said 
college  and  the  State  board  of  education;  and  the  said  city  and  county  superin- 
tendents shall  report  to  the  president  of  said  college  and  to  the  State  superintend- 
ent of  public  instruction  the  names  of  all  such  students  examined  as  in  their 
opinion  are  suitably  prepared  to  enter  said  college,  with  their  estimate  of  the  order 
of  excellence  in  scholarship  shown  by  said  students  at  such  preliminary  examina- 
tion; certificates  of  appointment  to  the  State  agricultural  college  shall  be  issued 
by  the  State  superintendent  of  public  instruction  to  all  of  such  students  as  are  so 
found  to  be  qualified  to  enter  said  college;  and  in  case  the  vacant  scholarships 
shall  not  be  sufficient  to  receive  all  such  successful  candidates,  preference  in 
appointing  to  vacant  scholarships  shall  be  given  to  successful  candidates  in  the 
order  of  the  excellence  of  their  examination  as  certified  by  said  superintendents; 
and  in  general  the  regulations  and  provisions  governing  the  conduct  of  such 


LAWS    RELATING    TO    LAND-GKANT    COLLEGES.  123 

examinations,  and  the  appointment  of  said  students  to  said  scholarships  shall  be 
subject  to  the  control  or  said  board  of  visitors  of  said  college. 

SEC.  59.  Each  student  so  appointed  and  admitted  to  said  college  shall  be  regarded 
as  holding  a  State  scholarship,  and  for  each  scholarship  so  held  there  shall  bo  paid, 
as  hereinafter  provided,  on  the  1st  day  of  November  in  each  year,  to  the  treasurer 
of  said  college  the  sum  of  money  as  the  said  college  is  entitled  to  receive  for  each 
scholarship  established  in  said  college  under  the  existing  State  agricultural  college 
fund:  Provided,  That  such  payment  shall  be  made  only  out  of  the  income  of  the 
fund  for  the  support  of  public  free  schools  remaining  after  appropriations  here- 
tofore made  payable  out  of  said  income  are  met. 

SEC.  60.  In  order  to  ascertain  the  number  of  scholarships  for  which  payment 
shall  be  made  as  aforesaid,  the  president  of  said  college  shall,  in  the  month  of 
October  in  each  year,  make  his  certificate  in  writing,  setting  forth  the  names  of 
the  students  so  as  aforesaid  appointed  and  then  in  attendance  at  said  college,  the 
assembly  districts  from  which  they  were  appointed  and  the  classes  in  college  to 
which  they  belong,  or  the  special  courses  of  study  which  they  are  pursuing,  which 
certificate,  when  approved  by  the  president  of  the  board  of  visitors  of  the  State 
agricultural  college,  shall  be  plenary  evidence  of  the  number  of  scholarships  for 
which  payment  shall  be  made,  and  on  filing  the  same  with  the  comptroller  of  the 
State  he  shall  draw  his  warrant  upon  the  treasurer  of  the  school  fund  for  the  sum 
of  money  to  which  the  said  college  may  accordingly  be  entitled,  and  the  said  treas- 
urer shall  thereupon  pay  the  same  as  aforesaid. 

Si.c.  61.  This  act  shall  take  effect  immediately,  and  shall  be  subject  to  amend- 
ment, alteration,  and  repeal  at  the  discretion  of  the  legislature. 

SEC.  62.  Whereas  by  an  act  of  Congress  approved  August  30,  1890,  certain  sums 
of  money  were  appropriated  to  be  paid  annually  to  each  State  and  Territory  for 
the  more  complete  endowment  and  maintenance  of  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts,  established  in  accordance  with  an  act  of  Con- 
gress approved  July  2,  1862;  and  whereas  the  Rutgers  Scientific  School,  main- 
tained by  "  the  trustees  of  Rutgers  College,  in  New  Jersey,"  is,  and  always  hith- 
erto has  been,  recognized  as  the  agricultural  college  or  agricultural  department  of 
the  college  established  in  accordance  with  the  said  act  of  Congress  approved  July 
*J.  1  s«>3,  therefore:  The  assent  of  the  State  of  New  Jersey  to  the  grant  made  to  this 
State  under  the  said  act  of  Congress  approved  August  80, 1890,  and  to  the  purpose 
of  said  grant,  as  indicated  by  the  acts  of  Congress  relating  thereto,  is  hereby 
declared  and  signified,  and  the  secretary  of  state  is  hereby  directed  to  transmit  a 
certified  copy  of  this  act  to  the  Secretary  of  the  Treasury  and  to  the  Secretary  of  the 
Interior  of  the  United  Statt  s. 

SEC.  63.  The  moneys  received  and  to  be  received  by  this  State  under  the  said  act 
of  Congress  approved  August  30.  1890,  shall  immediately  and  as  soon  as  received 
be  paid  over  by  the  treasurer  of  this  State,  upon  the  warrant  of  the  comptroller 
of  this  State  and  the  order  of  the  trustees  of  Rutgers  College,  to  the  treasurer  of 
Rutgers  College,  for  the  more  complete  endowment  and  maintenance  of  the  said 
agricultural  college  or  agricultural  department  of  the  college,  established,  as  afore- 
said, for  the  benefit  of  agriculture  and  the  mechanic  arts,  to  be  by  the  said  trustees 
applied  only  to  instruction  in  agriculture,  the  mechanic  arts,  the  English  language, 
and  the  various  branches  of  mathematical,  physical,  natural,  and  economic  science, 
with  special  reference  to  their  applications  in  the  industries  of  life  and  to  the  facili- 
ties for  such  instruction,  in  accordance  with  the  acts  of  Congress  relating  thereto. 

SEC.  64.  The  legislature  shall  have  power  at  any  time  hereafter  to  pass  such  laws 
as  may  be  deemed  necessary  and  proper  to  enforce  the  due  execution  of  this  act 
and  the  before-mentioned  acts  of  Congress. 

SEC.  65.  For  the  benefit  of  practical  and  scientific  agriculture  and  for  the  devel- 
opment of  our  unimproved  lands  the  New  Jersey  agricultural  experiment  station, 
with  suitable  branches,  is  hereby  established. 

SEC.  66.  The  direction  and  management  of  this  institution  shall  be  committed 
to  a  board  of  directors,  which  shall  consist  of  the  governor  of  the  State,  the  board 
of  visitors  of  the  State  agricultural  college,  together  with  the  president  and  the 
professor  of  agriculture  of  that  institution. 

SEC.  67.  The  members  of  this  board  shall  be  called  together  by  the  secretary  of 
the  board  of  visitors,  and  shall  organize  by  the  election  of  a  president  and  secre- 
tary, who  shall  hold  their  offices  for  one  year  and  until  their  successors  are  elected; 
five  members  shall  constitute  a  quorum. 

SEC.  68.  The  board  of  directors  shall  hold  a  meeting  each  year  at  Trenton,  on 
the  third  Tuesday  in  January,  and  other  meetings  at  the  call  of  the  president,  at 
such  times  and  places  as  may  best  promote  the  objects  of  the  institution. 

SEC.  69.  The  board  of  directors  shall  locate  said  experiment  station  and  branches, 
and  shall  appoint  a  director,  who  shall  have  the  general  management  and  over- 


124  EDUCATION   EEPORT,  1903. 

sight  of  the  experiments  and  investigations  necessary  to  carry  out  the  objects  of 
said  institution,  and  shall  employ  competent  chemists  and  other  assistants  neces- 
sary to  analyze  soils,  fertilizers,  and  objects  of  agricultural  interest,  so  as  to  prop- 
erly carry  on  the  work  of  the  station,  and  it  shall  make  an  annual  report  of  its 
work  to  the  governor  of  the  State. 

SEC.  70.  A  sum  not  exceeding  $5,000  in  any  one  year  is  hereby  appropriated  to 
said  New  Jersey  experiment  station,  which  money  shall  be  paid  from  the  State 
treasury  on  the  presentation  of  the  bills  of  said  station  properly  certified  by  the 
president  and  secretary  of  the  board  of  directors. 

SEC.  71.  From  and  after  March  9,  1881,  the  board  of  directors  created  by  said 
act  [sec.]  [but  probably  meaning  the  act  of  1880  containing  the  matter  given  in 
sec.  66  above]  shall  be  called  and  known  as  the  board  of  managers. 

SEC.  72.  In  addition  to  the  powers  now  conferred  upon  said  board,  they  shall 
have  power  to  elect  a  treasurer,  who  shall  hold  his  office  for  one  year  and  until  his 
successor  shall  be  elected  and  qualified;  and  to  appoint  such  other  officers  and 
agents  as  may  be  necessary  to  carry  on  the  business  of  the  institution;  and  to 
make  such  rules,  by-laws,  and  regulations  for  the  government  of  the  board,  and 
for  carrying  out  the  objects,  business,  and  purposes  of  the  institution  as  may,  in 
their  judgment,  be  necessary  and  proper. 

SEC.  74.  The  expenses  of  said  station,  when  presented  to  the  comptroller  of  the 
State,  accompanied  by  the  proper  vouchers,  duly  certified  by  the  president  and 
secretary  of  the  board  of  directors,  shall,  upon  warrant  of  said  comptroller,  be 
paid  out  of  the  State  treasury:  Provided,  Such  expenses  do  not  exceed  the  sum  of 
|ll, 000  in  any  year. 

SEC.  75.  The  expenses  incurred  by  the  board  of  managers  of  the  New  Jersey 
agricultural  experiment  station  in  printing  the  bulletins  issued  from  said  station — 
containing  analyses  of  fertilizers,  fodders,  feeds,  soils,  etc.,  the  results  of  investi- 
gations in  feeding  animals,  in  testing  the  adaptability  of  soils  and  manures  for  the 
various  cereal,  fruit,  and  vegetable  crops,  and  such  other  results  of  investigations 
as  may  be  deemed  by  the  board  of  managers  to  be  of  immediate  usefulness  to  the 
citizens  of  the  State — when  presented  to  the  comptroller  of  the  State,  accompanied 
by  the  proper  vouchers,  duly  certified  by  the  president  and  secretary  of  the  board 
of  managers,  shall,  upon  warrant  of  said  comptroller,  be  paid  out  of  the  State 
treasury,  said  sum  not  to  exceed  $1,500. 

SEC.  76.  Such  payments  shall  be  in  addition  to  the  annual  appropriation  now 
made  for  the  payment  of  the  expenses  of  said  station. 

SEC.  77.  The  expenses  of  said  station,  when  presented  to  the  comptroller  of  the 
State,  accompanied  by  the  proper  vouchers,  duly  certified  by  the  president  and 
secretary  of  the  board  of  directors,  shall,  upon  warrant  of  said  comptroller,  be  paid 
out  of  the  State  treasury:  Provided,  Such  expenses  do  not  exceed  the  sum  of 
$15,000  in  any  year. 

SEC.  78.  An  act  of  Congress  of  the  United  States  approved  March  2,  1887,  to 
establish  agricultural  experiment  stations,  and  the  appropriations  and  grants  of 
moneys  for  the  purposes  therein  made  are  hereby  accepted  and  assented  to  on  the 
part  of  the  State  of  New  Jersey. 

SEC.  79.  The  assent  of  the  State  of  New  Jersey  to  the  grants  of  moneys  for  the 
purposes,  upon  the  terms  and  in  accordance  with  the  several  conditions  and  pro- 
visions in  said  act  contained,  is  hereby  signified  and  expressed,  and  the  secretary 
of  state  is  hereby  directed  to  transmit  a  certified  copy  of  this  act  to  the  Secretary 
of  the  Treasury  of  the  United  States. 

SEC.  80.  The  sum  of  $30,000  is  hereby  appropriated  for  the  construction  of  a  State 
laboratory  for  the  use  of  the  State  agricultural  experiment  station  under  the 
direction  of  the  board  of  managers  of  the  State  agricultural  experiment  station  on 
land  selected  by  the  said  board  of  managers:  Provided.  Such  land  shall  be  acquired 
without  cost  or  expense  to  the  State  of  New  Jersey,  which  sum  the  treasurer  of 
this  State  is  hereby  authorized  to  pay  for  such  purpose  to  the  treasurer  of  said 
State  agricultural  experiment  station  upon  the  warrant  of  the  comptroller,  as  bills 
therefor  shall  be  presented,  marked  approved  by  the  president  and  two  members 
of  the  said  board  of  managers  of  said  State  agricultural  experiment  station. 

SEC.  81.  The  chemist  or  chemists  of  the  State  agricultural  experiment  station 
shall  analyze  all  samples  of  milk,  butter,  or  other  farm  products  or  the  imitations 
thereof  that  may  be  sent  to  said  station  by  the  State  dairy  commissioner  and  his 
assistants  and  agents,  and  shall  report  to  the  said  commissioner  the  results  of  such 
analyses,  and  the  costs  thereof  shall  be  paid  out  of  the  appropriation  made  to  said 
station. 

SEC.  82.  Whereas  the  officers  of  the  State  agricultural  experiment  station  have 
discovered  certain  new  fungous  growths  that  threaten  serious  injury  to  important 
agricultural  interests  of  the  State:  Therefore, 


LAWS    KELATING    TO    LAND-GKANT    COLLEGES.  125 

When  the  officers  of  the  State  agricultural  experiment  station  shall  discover  any 
new  fungous  growth  which  is  doing  injury  to  plants  or  vines,  and  while  the  same 
is  confined  to  limited  areas,  they  are  hereby  authorized  and  empowered  to  enter 
upon  any  lands  bearing  vines  or  plants  so  affected  and  destroy  the  same  by  fire  or 
otherwise,  as  they  shall  deem  best. 

SEC.  83.  Any  damage  to  private  property  resulting  from  the  operation  of 
destroying  the  said  fungous  growth  by  the  officers  of  the  State  shall  be  certified  to 
them,  and  the  amount  of  damage  paid  to  the  owners  thereof  from  the  same  fund 
and  in  the  same  manner  as  is  paid  to  owners  of  deceased  animals  by  order  of  the 
State  board  of  health. 

SEC.  84.  Expenditures  under  this  act  shall  not  exceed  $1,000. 

Schools:  SEC.  27.  It  shall  be  the  duty  of  the  county  superintendent,  at  such  time 
and  place  as  the  State  superintendent  may  appoint,  to  examine  such  candidates  for 
State  scholarships  at  the  agricultural  college  as  may  present  themselves,  and  the 
candidates  shall  be  subjected  to  such  examination  as  the  faculty  of  the  said  col- 
lege and  the  State  superintendent  shall  prescribe;  and  the  candidates  who  shall 
receive  certificates  of  appointment  to  the  agricultural  college  in  any  one  county 
shall  be  those  who  obtain  on  such  examination  the  highest  average  for  scholar- 
ship, and  the  number  of  certificates  thus  granted  shall  in  no  case  exceed  the  num- 
ber of  State  scholarships  to  which  such  county  is  entitled. 

Acts,  1896,  chapter  135:  SECTION  1.  Section  2  of  the  act  to  be  amended  hereby, 
being  chapter  417  of  the  laws  of  1895  [sec.  55,  above] ,  is  hereby  amended  so  as  to 
read  as  follows:  "  SEC.  2.  Upon  payment  or  transfer  of  any  such  moneys  as  afore- 
said to  the  sinking  fund  of  the  State  the  State  treasurer  and  comptroller  shall 
issue  and  deliver  therefor  to  said  commissioners  a  certificate  of  this  State  to  the 
effect  that  the  State  will  pay  to  said  commissioners  5  per  cent  annually  in  semi- 
annual payments  of  the  amount  so  paid  into  or  transferred  to  the  sinking  fund 
so  long  as  said  act  of  Congress  and  the  laws  of  this  State,  passed  in  pursuance 
thereof,  shall  be  in  all  things  and  by  all  parties  observed  and  complied  with." 
(Approved  March  30,  1896.) 

Acts,  1897,  chapter  53:  SECTION  1.  Section  6  of  the  act  to  which  this  is  an  amend- 
ment is  amended  so  as  to  read" as  follows:  "SEC.  6.  In  lieu  of  all  claims,  rights, 
and  titles  the  branch  institution  designated  by  this  act  has  or  may  hereafter  have 
upon  the  annual  appropriation  coming  to  this  State  from  Congress  under  the  pro- 
vision of  the  supplement  to  the  act  of  Congress  of  August  30,  1890,  a  sum  not  to 
exceed  $5.000  may  annually  be  appropriated  for  the  maintenance  of  said  school 
out  of  any  money  in  the  State  treasury  not  otherwise  appropriated."  (Approved 
March  31,  1897. )« 

Acts,  1901,  chapter  99:  The  director  of  the  New  Jersey  agricultural  college 
experiment  station  at  New  Brunswick  is  hereby  authorized  to  establish  and  main- 
tain one  or  more  stations  for  the  scientific  investigation  of  oyster  propagation, 
said  station  or  stations  to  be  situate  at  some  point  or  points  in  the  oyster-growing 
sections  of  this  State.  The  amount  authorized  to  be  expended  under  the  provi- 
sions of  this  act  shall  not  exceed  the  sum  of  $200  in  any  one  year:  Provided,  That 
no  moneys  shall  be  drawn  from  the  treasury  for  the  purposes  of  this  act  until  the 
same  shall  have  been  specifically  appropriated  according  to  law.  (Approved 
March  21,  1901.) 

Acts,  1902,  chapter  17:  SECTION  1.  The  trustees  of  the  State  agricultural  col- 
lege of  New  Jersey  be,  and  they  are  hereby,  required  to  establish  in  said  State  agri- 
cultural college  a  department  of  ceramics,  equipped  and  designed  for  the  educa- 
tion of  clay  workers  in  all  branches  of  the  art  which  exist  in  this  State  or  which 
can  be  profitably  introduced  and  maintained  in  this  State  from  the  mineral 
resources  thereof,  including  the  manufacture  of  earthenware,  stoneware,  yellow 
wares,  white  wares,  china,  porcelain  and  ornamental  pottery;  also  the  manufac- 
ture of  sewer  pipe,  fireproofing,  terra  cotta,  sanitary  clay  wares,  electric  conduits 
and  specialties,  fire  bricks  and  all  refractory  materials,  glazed  and  enameled 
bricks,  pressed  bricks,  vitrified  paving  materials,  as  well  as  the  most  economic 
and  scientific  methods  in  the  production  of  the  coarser  forms  of  bricks  used  for 
building  purposes;  also  the  manufacture  of  tiles  used  for  paving,  flooring,  deco- 
rative wall  paneling,  roofing,  and  draining  purposes,  and  all  other  clay  industries 
represented  in  our  limits. 

SEC.  2.  Said  department  shall  offer  special  instruction  to  clay  workers  on  the 
origin,  composition,  properties,  and  testing  of  clays,  the  selection  of  materials  for 

n  This  act  has  the  following  title :  "An  act  to  amend  an  act  entitled  'An  act  to  more  fully  carry 
out  and  put  in  force  the  true  intent  and  purposes  of  the  supplement  to  an  act  of  Congress  of 
August  30, 1890,  and  the  acts  of  the  legislature  of  New  Jersey  of  March  24,  1881,  and  the  manual- 
training  act  of  1888,  passed  May  25,  1894.'  " 


126  EDUCATION    BEPOET,   1903. 

different  purposes,  the  mechanical  and  chemical  preparation  of  clays,  the  laws  of 
burning  clays,  the  theory  and  practice  of  the  formation  of  clay  bodies,  slips,  and 
glazes,  and  the  laws  which  control  the  formation  and  fusion  of  silicates. 

SEC.  8.  Said  department  shall  be  provided  with  an  efficient  laboratory  designed 
for  the  instruction  of  clay  workers  in  the  list  of  subjects  enumerated  in  the  sec- 
ond section  of  this  act,  and  also  equipped  to  investigate  into  the  various  troubles 
and  defects  which  can  not  be  understood  or  avoided  except  by  the  use  of  such 
scientific  investigation;  said  laboratory  shall  be  equipped  with  the  necessary  appa- 
ratus for  chemical  analysis,  with  furnaces  and  kilns  for  pyrometric  and  experi- 
mental trials  and  such  apparatus  and  machinery  as  may  be  necessary  for  the 
proper  preparation  of  clays  for  manufacture  as  is  consistent  with  the  character 
of  the  department. 

SEC.  4.  Said  trustees  shall  employ  to  conduct  this  department  of  ceramics  a 
competent  expert  of  the  necessary  education  and  scientific  acquirement,  who  shall 
teach  the  theoretical  part  of  the  subject  and  direct  the  laboratory  for  the  instruc- 
tion of  students  and  prosecute  such  scientific  investigations  of  the  various  clay 
industries  as  may  be  practicable,  and  from  time  to  time  to  publish  the  results  of 
his  investigations  in  such  form  that  they  will  be  made  public  and  accessible  to 
clay  workers  of  the  State,  for  the  advancement  of  the  art  and  science  of  the  subject. 

SEC.  5.  There  shall  be  appropriated  out  of  the  general  revenues  of  the  State  the 
sum  of  $12,000,  to  be  expended  in  the  organization,  equipment,  and  maintenance 
of  said  department,  as  provided  for  in  the  first  four  sections  of  this  act,  for  the 
current  year,  and  there  shall  be  appropriated  from  the  same  fund  the  sum  of 
$2,500  annually  hereafter,  beginning  on  the  next  succeeding  year,  for  the  salary, 
supplies,  and  all  other  expenses  of  the  maintenance  of  said  department:  Provided, 
Such  sum  or  sums  shall  first  be  appropriated  in  the  annual  appropriation  bill. 

Acts,  1902,  chapter  4:  Whereas  by  the  act  *  *  *  ["An  act  to  increase  the 
efficiency  of  the  public  school  system  of  the  State  by  providing  for  additional  free 
scholarships  at  the  State  agricultural  college"]  it  was  enacted  that  one  student 
from  each  assembly  district  in  the  State,  to  be  selected  by  competitive  examina- 
tion under  the  direction  of  the  city  and  county  superintendents  of  education, 
should  be  sent  each  year  to  the  State  agricultural  college  for  education  in  the 
courses  of  study  there  pursued,  and  that  a  stipulated  compensation  should  be  paid 
therefor  to  the  college  out  of  the  public  school  fund  of  the  State;  and 

Whereas  a  large  number  of  qualified  students  have,  in  accordance  with  said  act, 
been  received  and  educated  in  the  college,  but  the  stipulated  compensation  (except 
$1,500)  has  not  been  paid;  and 

Whereas  the  State  i-3  under  amoral  obligation,  at  least,  to  compensate  the  col- 
lege for  the  services  thus  rendered  in  educating  citizens  of  the  State  at  the  instance 
of  the  legislature:  Therefore, 

SECTION  1.  The  governor  of  the  State  is  hereby  authorized  to  appoint  three  citi- 
zens of  New  Jersey  as  a  commission  to  examine  into  and  consider  the  matters 
above  mentioned,  and  to  report,  in  writing,  to  the  present  or  next  session  of  the 
legislature  what  compensation  ought,  in  justice  and  equity,  to  be  paid  by  the  State 
to  said  college  in  full  satisfaction  for  the  services  rendered,  and  to  be  rendered,  up 
to  the  close  of  the  present  collegiate  year,  under  said  act  of  March  31,  1890. 

SEC.  2.  The  said  commission  shall  also,  in  a  separate  report  to  the  present  or 
next  session  of  the  legislature,  state  whether,  in  their  opinion,  the  system  of  edu- 
cation provided  for  in  said  act  of  March  31,  1890,  should  be  continued  after  the 
close  of  the  present  collegiate  year,  or  should  be  modified,  or  should  be  wholly  dis- 
continued, together  with  their  reasons  for  such  recommendations  as  they  may 
make  in  the  premises,  to  the  end  that  the  legislature  may  adopt  such  course  as 
shall  seem  best  for  public  interests. 

Acts,  1903,  chapter  119:  SECTION  1.  To  pay  the  State  college  for  the  benefit  of 
agriculture  and  the  mechanic  arts  the  balance  due  for  services  rendered  to  the 
State  in  the  instruction,  from  September  1, 1890,  to  July  1, 1902,  of  students  holding 
free  State  scholarships,  granted  pursuant  to  ' '  An  act  to  increase  the  efficiency  of  the 
public  school  system  of  the  State  by  providing  for  additional  free  scholarships  at  the 
State  agricultural  college,"  passed  March  31,  1890,  there  is  hereby  appropriated 
out  of  the  State  fund  $80,000  (the  sum  of  $1,500  having  been  heretofore  paid) ,  and 
the  comptroller  of  the  treasury  is  directed  forthwith  to  draw  his  warrant  therefor 
in  favor  of  the  treasurer  of  said  college,  and  the  State  treasurer  to  pay  the  same. 
On  surrender  of  such  warrant  the  comptroller  shall  take  from  said  college  a  release 
of  all  claims  and  demands  of  said  college  against  the  State. 

Acts,  1903,  chapter  273:  [Appropriates  $2,500  for  department  of  ceramics.] 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  127 

NEW  MEXICO. 

[The  following  matter  is  taken  from  a  volume  entitled  "1887.  Compiled  Laws  of  New  Mexico, 
in  accordance  with  an  act  of  the  legislature  approved  March  16, 1897.  Prepared  for  publication 
by  John  P  Victor,  Edward  L.  Bartlett,  Thomas  N.  Wilkerson,  commission."  Santa  Fe,  N.  Mex., 
1897.] 

SEC.  3550.  The  New  Mexico  College  of  Agriculture  and  Mechanic  Arts,  the 
University  of  New  Mexico,  the  New  Mexico  School  of  Mines,  the  New  Mexico 
Normal  School  at  Silver  City,  the  New  Mexico  Normal  School  at  Las  Vegas,  the 
New  Mexico  Military  Institute  at  Roswell,  and  the  New  Mexico  Insane  Asylum, 
shall  be  known  as  the  Territorial  institutions. 

SEC.  3551.  There  is  also  hereby  created  and  established  an  institution  of  learning 
to  be  known  as  the  Agricultural  College  and  Agricultural  Station  of  New  Mexico. 
Said  institution  is  hereby  located  at  or  near  the  town  of  Las  Cruces,in  the  county 
of  Donna  Ana,  upon  a  tract  of  land  of  not  less  than  100  acres,  contiguous  to  the 
main  Las  Graces  irrigating  ditch,  south  of  said  town,  and  now  owned  by  Jacob 
Schaublin,  and  which  said  land  shall,  within  six  months  from  the  passage  of  this 
act.  be  donated  and  conveyed  by  said  Schaublin,  free  of  any  cost  and  expense,  to 
the  Territory  of  New  Mexico  for  such  purpose:  Provided,  That  no  improvements 
or  buildings,  as  hereinafter  provided  for,  shall  be  made  or  erected  upon  such  land 
until  deed  is  duly  executed,  recorded,  and  filed  in  the  office  of  the  secretary  of  the 
Territory,  as  hereinafter  provided. 

SEC.  3552.  The  agricultural  college  and  agricultural  experiment  station  created 
and  established  by  this  act  shall  be  an  institution  of  learning  open  to  the  children 
of  all  the  residents  of  this  Territory,  and  such  other  persons  as  the  board  of 
regents  may  determine,  under  such  terms,  rules,  and  regulations  as  may  be  pre- 
scribed by  said  board  of  regents;  shall  be  nonsectarian  in  character  and  devoted 
to  practical  instruction  in  agriculture,  mechanic  arts,  natural  sciences  connected 
therewith,  as  well  as  a  thorough  course  of  instruction  in  all  branches  of  learning 
bearing  upon  agriculture  and  other  industrial  pursuits. 

SEC.  3553.  The  course  of  instruction  of  the  college  hereby  created  shall  embrace 
the  English  language,  literature,  mathematics,  philosophy,  civil  engineering, 
chemistry,  and  animal  and  vegetable  anatomy  and  physiology,  the  veterinary  art, 
entomology,  geology,  and  political,  rural,  and  household  economy,  horticulture, 
moral  philosophy,  history,  mechanics,  and  such  other  sciences  and  courses  of 
instruction  as  shall  be  prescribed  by  the  regents  of  this  institution  of  learning. 
The  management  of  said  college  and  experiment  station,  the  care  and  preservation 
of  all  property  of  which  such  institution  shall  become  possessed,  the  erection  and 
construction  of  all  buildings  necessary  for  the  use  of  said  college  and  station,  and 
the  disbursement  and  expenditure  of  all  moneys  provided  for  by  this  act,  shall  be 
vested  in  a  board  of  five  regents.  Said  five  regents  shall  possess  the  same  qualifi- 
cations, shall  be  appointed  in  the  same  way,  and  the  terms  of  office  shall  be  the 
same,  and  the  vacancies  shall  be  filled  in  like  manner  as  is  provided  for  the 
Territorial  university. 

[The  management  and  control  of  said  university,  the  care  and  preservation  of  all  property  of 
which  it  shall  become  possessed,  the  erection  and  construction  of  all  buildings  necessary  for  its 
nse,  and  the  disbursement  and  expenditure  of  all  moneys  appropriated  by  this  act,  shall  be 
vested  ina  board  of  five  regents,  to  < -insist  of  five  qualified  voters,  who  shall  be  owners  of  real 
estate  in  this  Territory.  Said  five  members  of  the  board  of  regents  shall  be  appointed  in  the 
manner  now  provided  by  law  for  the  appointment  of  Territorial  officers,  not  earlier  than  the 
1st  day  of  September  nor  later  than  the  1st  day  of  October  next  after  the  passage  of  this  act, 
and  vacancies  occurring  in  v  aid  board  shall  be  filled  in  the  same  manner  as  is  now  provided  by 
law  for  the  filling  of  vacancies  in  other  Territorial  offices. 

S K<'.  :i">7^.  The  board  of  regents  provided  for  in  this  act  shall  be  appointed,  one  for  a  term  of 
one  year,  one  for  a  term  of  two  years,  one  for  a  term  of  three  years,  one  for  a  term  of  four  years, 
and  one  for  a  term  of  five  years:  Pruridcd,  That  all  appointments  made  to  fill  vacancies  caused 
by  death,  resignation,  or  otherwise,  shall  be  for  the  unexpired  term  of  the  incumbent  whose 
place  shall  have  become  vacant.  All  other  appointments  made  subsequent  to  the  appointment 
of  the  first  board  of  regents  provided  for  in  this  act  shall  be  for  the  term  of  five  years  and 
until  the  appointment  and  qualification  of  a  successor  to  such  appointee.] 

Said  regents  and  their  successors  in  office  shall  constitute  a  body  corporate,  with 
the  name  and  style  of  The  Regents  of  the  Agricultural  College  of  New  Mexico, 
with  the  right  as  such  of  suing  and  being  sued,  of  contracting  and  being  con- 
tracted with,  of  making  and  using  a  common  seal  and  altering  the  same  at  pleas- 
ure, of  causing  all  things  to  be  done  necessary  to  carry  out  the  provisions  of  this 
act.  A  majority  of  the  board  shall  constitute  a  quorum  for  the  transaction  of 
business,  but  a  less  number  may  adjourn  from  time  to  time. 

SEC.  3554.  The  board  shall  meet  and  organize,  by  the  election  of  its  said  officers, 
at  said  town  of  Las  Cruces,  or  at  the  said  college  grounds  in  the  said  county  of 
Donna  Ana,  on  the  second  Wednesday  in  November,  1889.  The  officers  then  elected 


128  EDUCATION   EEPOET,  1903. 

and  their  successors  in  office  shall  be  the  same,  be  elected  in  the  same  manner,  at 
the  same  time,  and  possess  the  same  qualifications,  and  the  regents  and  officers 
shall  perform  their  duties  as  provided  for  the  regents  and  officers  of  the  University 
of  New  Mexico  in  this  act. 

SEC.  3555.  The  regents  shall  have  the  power  and  it  shall  be  their  duty  to  enact 
laws  for  the  government  of  the  said  agricultural  college  and  experiment  station. 

SEC.  3556.  The  board  of  regents  shall  direct  the  disposition  of  any  moneys 
belonging  to  or  appropriated  to  the  agricultural  college  and  experiment  station 
established  by  this  act,  and  shall  make  all  rules  and  regulations  necessary  for  the 
government  and  management  of  the  same,  adopt  plans  and  specifications  for  neces- 
sary buildings  and  superintend  the  construction  of  said  buildings,  and  fix  the 
salaries  of  professors,  teachers,  and  other  employees  and  the  tuition  fees  to  be 
charged  in  said  college. 

SEC.  3557.  The  agricultural  experiment  station  provided  for  in  this  act  in  con- 
nection with  said  agricultural  college  shall  be  likewise  located  upon  the  land 
referred  to  in  section  3551,  and  it  shall  be  under  the  direction  of  the  said  board 
of  regents  of  said  college  for  the  purpose  of  conducting  experiments  in  agriculture 
according  to  the  terms  of  section  1  of  an  act  of  Congress,  approved  March  2, 1887, 
to  establish  agricultural  experiment  stations.  The  said  college  and  experiment 
station  shall  be  entitled  to  receive  all  the  benefits  and  donations  made  and  given 
to  similar  institutions  of  learning  in  other  States  and  Territories  of  the  United 
States  by  the  legislation  of  the  Congress  of  the  United  States  now  in  force  or  that 
may  hereafter  be  enacted  and  particularly  to  the  benefit  and  donations  given  by  the 
provisions  of  an  act  of  Congress  of  the  United  States  approved  July  2,  1862,  and 
March  2,  1887. 

SEC.  3558.  The  assent  of  the  legislative  assembly  of  the  Territory  of  New  Mexico 
is  hereby  given  in  pursuance  of  the  requirements  of  section  9  of  said  act  of  Con- 
gress approved  March  2, 1887,  to  the  granting  of  money  therein  made  to  the  estab- 
lishment of  experiment  stations  in  accordance  with  section  1  of  said  last-mentioned 
act,  and  assent  is  hereby  given  to  carry  out,  within  the  Territory  of  New  Mexico, 
all  and  singular  the  provisions  of  said  act. 

SEC.  3559.  The  board  of  regents  shall  have  power  and  it  shall  be  their  duty  to 
enact  laws  for  the  government  of  the  agricultural  college  and  experiment  station, 
and  the  meetings  of  said  board  may  be  called  in  such  manner  as  the  regents  may 
prescribe. 

SEC.  3560.  The  immediate  government  of  the  several  departments  shall  be 
intrusted  to  their  respective  faculties,  but  the  regents  shall  have  the  power  to 
regulate  the  course  of  instruction  and  prescribe,  under  the  advice  of  the  faculty, 
the  books  and  authorities  to  be  used  in  the  several  departments,  and  also  to  confer 
such  degrees  and  grant  such  diplomas  as  are  usually  conferred  and  granted  by 
other  agricultural  colleges.  The  regents  shall  have  power  to  remove  any  officer 
connected  with  the  agricultural  college  or  experiment  station  when,  in  their  judg- 
ment, the  best  interests  of  the  college  require  it. 

SEC.  3561.  There  is  hereby  created  and  established  a  subagricultural  experiment 
station  in  connection  with  the  agricultural  college  and  agricultural  station  of  New 
Mexico.  Said  subagricultural  experiment  station  is  hereby  located  at  some  point  in 
the  county  of  San  Juan,  hereafter  to  be  selected  by  the  board  of  regents  of  the  Agri- 
cultural College  of  New  Mexico:  Provided,  That  tho  county  of  San  Juan,  or  some 
person  or  persons  for  said  county,  shall  within  three  months  from  the  passage  of 
this  act,  deed,  donate,  and  transfer  to  the  Territory  of  New  Mexico,  for  the  use  of 
said  subagricultural  experiment  station,  not  less  than  100  acres  of  good  arable 
land,  under  an  irrigating  ditch,  such  land  and  the  location  thereof  to  be  accepted 
and  determined  by  the  board  of  regents  of  the  agricultural  college.  The  sufficiency 
of  the  deed  and  the  title  to  the  land  so  to  be  donated  to  the  Territory  of  New 
Mexico  shall  be  passed  upon  and  approved  by  the  solicitor-general  of  New  Mexico. 

SEC.  3562.  The  board  of  regents  of  the  agricultural  college  and  agricultural 
station  of  New  Mexico  are  hereby  authorized  and  instructed  to  apply  to  the  con- 
struction of  buildings,  etc.,  of  the  subagricultural  experiment  station,  provided 
for  by  this  act,  the  sum  of  $5,000,  appropriated  by  the  legislative  assembly  of 
New  Mexico  for  the  agricultural  experiment  station  in  the  county  of  San  Juan, 
under  and  by  the  provisions  of  an  act  entitled  "An  act  and  resolution  authorizing 
the  governor  to  receive  certain  moneys  from  the  United  States,  accepting  the 
terms  of  the  act  of  Congress  appropriating  the  same  and  providing  for  the  dispo- 
sition thereof." 

SEC.  3563.  The  board  of  regents  of  the  agricultural  college  and  agricultural 
station  of  New  Mexico  are  hereby  authorized  and  instructed  to  apply  to  the  sup- 
port and  maintenance  of  the  subagricultural  experiment  station  herein  provided 
for  so  much  of  all  the  moneys  now  on  hand  and  hereafter  received  from  the  G-ov- 


LAWS   RELATING   TO    LAND-GRANT   COLLEGES.  129 

eminent  of  the  United  States  under  and  by  virtue  of  acts  [act?]  of  the  Congress  of 
the  United  States,  approved  March  2,  1887,  as  can  be  applied  by  said  board  of 
regents  in  justice  to  the  agricultural  college  of  New  Mexico  at  Las  Cruces  and 
the  substations  to  be  established  in  other  portions  of  the  Territory. 

SEC.  3564.  There  is  [are]  hereby  created  and  established  in  connection  with  the 
agricultural  college  and  agricultural  station  of  New  Mexico  two  branch  agricultural 
experiment  stations,  to  be  located  as  follows:  One  at  some  point  in  the  northeastern 
portion  of  the  Territory  of  New  Mexico,  between  the  town  of  Glorieta,  in  the  Sierra 
Madre  Mountains,  and  the  town  of  Raton,  near  the  eastern  boundary  of  New  Mex- 
ico, and  the  other  at  some  point  in  the  Pecos  Valley,  in  the  southeastern  portion 
of  the  Territory,  the  exact  point  in  each  section  to  be  determined  hereafter  by 
the  board  of  regents  of  the  agricultural  college  and  agricultural  station  of  New 
Mexico. 

SEC.  3565.  For  the  purposes  of  this  act  there  shall  be  deeded,  donated,  and  trans- 
ferred to  the  Territory  of  New  Mexico,  at  each  of  the  points  finally  determined 
upon  by  the  said  board  of  regents  for  the  exact  location  of  the  said  experiment 
stations,  for  the  use  of  each  of  said  branch  agricultural  experiment  stations,  not 
less  than  100  acres  of  good  arable  land  under  an  irrigating  ditch,  such  land  and 
the  location  thereof  to  be  accepted  and  determined  by  the  said  board  of  regents 
of  the  agricultural  college;  the  sufficiency  of  the  deed  and  the  title  to  the  land  so 
to  be  donated  to  the  Territory  of  New  Mexico  to  be  passed  upon  and  approved  by 
the  solicitor-general  of  the  Territory. 

SEC.  3566.  The  board  of  regents  of  the  agricultural  college  and  agricultural 
station  of  New  Mexico  is  hereby  authorized  and  empowered  to  apply  to  the  con- 
struction of  buildings,  etc. ,  upon  the  lands  donated  to  each  of  said  branch  agricul- 
tural experiment  stations  provided  for  by  this  act,  out  of  the  moneys  hereinafter 
levied  and  collected,  the  sum  of  not  less  than  $2,500  to  each  of  said  experiment 
stations. 

SEC.  3567.  The  board  of  regents  of  the  agricultural  college  and  agricultural 
station  of  New  Mexico  is  hereby  authorized  and  instructed  to  apply  to  the  sup- 
port and  maintenance  of  each  of  the  branch  agricultural  experiment  stations 
hereby  created  so  much  of  all  the  moneys  now  on  hand  and  hereafter  received 
from  the  Government  of  the  United  States,  under  and  by  virtue  of  an  act  of 
Congress  of  the  United  States  approved  March  2, 1887,  as  can  be  applied  by  said 
board  of  regents  in  justice  to  the  Agricultural  College  of  New  Mexico,  at  Las 
Cruces,  and  the  experiment  stations  hereby  and  heretofore  established  in  other 
portions  of  the  Territory. 

SEC.  3567a.  The  assent  of  the  legislative  assembly  of  the  Territory  of  New  Mexico 
is  hereby  given  in  pursuance  of  the  requirement  of  section  2  of  an  act  of  Congress 
approved  August  30, 1890,  to  the  granting  of  moneys  for  the  benefit  of  the  Agri- 
cultural College  of  the  Territory  of  New  Mexico,  and  the  said  legislative  assem- 
bly accepts  and  consents  to  all  the  terms  and  conditions  of  said  act  of  Congress, 
and  assent  is  further  given  to  carry  out  within  the  Territory  of  New  Mexico,  all 
and  singular,  the  provisions  of  said  act  of  Congress. 

[The  following  sections  come  under  the  heading  "  Special  provisions  as  to  the  New  Mexico 
College  of  Agriculture,  University  of  New  Mexico,  New  Mexico  School  of  Mines,  and  Insane 
Asylum."] 

SEC.  3633.  The  members  of  the  several  boards  of  the  institutions  established  by 
this  act  shall  be  allowed  their  actual  and  necessary  traveling  expenses  in  going  to 
and  returning  from  all  necessary  sessions  of  their  respective  boards  and  also  their 
necessary  expenses  while  in  actual  attendance  upon  the  same. 

SEC.  3634.  If  any  secretary,  treasurer,  or  other  officer  or  member  of  the  several 
boards  of  any  of  the  institutions  provided  for  in  this  act  shall  feloniously  embez- 
zle, secrete,  misapply,  or  convert  to  his  or  their  own  use  any  money  or  property 
belonging  to  any  of  said  institutions,  he  shall  be  deemed  guilty  of  a  felony,  and 
on  conviction  thereof  shall  be  confined  to  the  Territorial  penitentiary  for  a  term 
of  not  less  than  three  nor  more  than  ten  years,  in  the  discretion  of  the  court 
before  whom  such  conviction  shall  be  had. 

SEC.  3635.  The  secretary  and  treasurer  of  all  such  boards  shall  make  disburse- 
ments of  the  funds  in  his  hands  on  the  order  of  the  board,  which  order  shall  be 
countersigned  by  the  president  of  the  board,  and  shall  state  on  what  account  the 
disbursement  is  made. 

SEC.  3636.  Whenever  there  shall  be  any  money  in  the  hands  of  the  Territorial 
treasurer  to  the  credit  of  any  of  the  specific  funds  set  apart  of  the  institutions 
created  by  this  act,  deemed  sufficient  by  such  board  to  commence  the  erection  of 
any  of  the  necessary  buildings  or  improvements,  or  pay  the  running  or  other 

ED  1903 9 


130  EDUCATION   REPORT,  1903. 

expenses  ol  such  institution,  the  Territorial  auditor,  on  the  request  in  writing  of 
any  such  boards,  shall  and  it  is  hereby  made  his  duty  to,  draw  his  warrant  in 
favor  of  the  treasurer  against  the  specific  fund  belonging  to  said  institution  in 
such  sum,  not  exceeding  the  amount  on  hand  in  such  specific  fund  at  such  time, 
as  said  board  may  deem  necessary:  Provided,  That  any  such  board  shall  only  draw 
said  money  as  it  may  be  necessary  to  disburse  the  same. 

SEC.  3637.  All  of  the  managing  boards  of  the  several  institutions  provided  for 
in  this  act  shall  annually,  on  or  before  the  1st  day  of  December,  make  a  full  and 
true  report  in  detail,  under  oath,  of  all  their  acts  and  doings  during  the  previous 
year,  their  receipts  and  expenditures,  the  exact  status  of  their  institution,  and  any 
other  information  that  they  may  deem  proper  and  useful  or  which  may  be  called 
for  by  the  governor,  which  said  reports  shall  be  made  to  the  governor,  and  he 
shall  transmit  the  same  to  the  succeeding  session  of  the  legislature. 

SEC.  3639.  The  governor  of  the  Territory  and  the  Territorial  superintendent  of 
public  instruction  or  education ,  if  there  ba  one,  shall  ex  officio  be  advisory  members 
of  all  boards  of  the  several  institutions  provided  for  in  this  act,  but  shall  not  have 
the  right  to  vote  or  be  eligible  to  office  therein. 

SEC.  3640.  The  several  boards  provided  for  in  this  act  shall  have  power  in  their 
discretion  to  employ  skilled  architects  and  superintendent  to  prepare  plans  and 
supervise  the  construction  of  any  of  the  buildings  provided  for  in  this  act,  and  to 
fix  his  compensation  subject  to  the  provisions  and  restrictions  of  this  act. 

SEC.  3641.  The  regular  meetings  of  all  boards  provided  for  in  this  act  shall  be 
held  quarterly:  Provided,  That  they  may  hold  as  many  special  sessions  as  they 
ghall  deem  necessary. 

SEC.  3642.  The  several  boards  provided  for  in  this  act  shall  have  power  in  their 
discretion  to  provide  that  their  several  secretaries  and  treasurers  shall  receive  a 
salary  not  to  exceed  $50  a  month:  Provided,  The  secretary  and  treasurer  of  the 
board  of  regents  of  the  agricultural  college  shall  receive  a  salary  of  $100  per  month. 

SEC.  3643.  At  least  one  member  of  the  several  boards  provided  for  in  this  act 
shall  be  a  resident  of  the  town  or  city  at  or  near  which  the  institution  is  located. 

SEC.  3644.  The  records  of  the  several  boards  provided  for  in  this  act  shall  be 
open  at  all  reasonable  times  for  the  inspection  of  any  citizen. 

SEC.  3645.  No  employee  or  member  of  any  of  the  boards  created  by  this  act  shall 
be  interested  pecuniarily,  either  directly  or  indirectly,  in  any  contract  for  building 
or  improving  any  of  said  institutions  or  for  the  furnishing  of  supplies  to  any  of 
such  institutions. 

SEC.  3646.  Each  and  every  member  of  the  several  boards  created  by  this  act  shall, 
before  entering  upon  their  respective  duties,  take  and  subscribe  an  oath  to  faith- 
fully and  honestly  discharge  their  duties  in  the  premises  and  strictly  and  impar- 
tially perform  the  same  to  the  best  of  their  several  abilities.  Said  oath  shall  be 
filed  with  the  secretary  of  the  Territory. 

SEC.  3647.  All  of  the  institutions  established  by  this  act  shall  be  entitled  to 
receive  all  the  benefits  and  donations  made  and  given  to  similar  institutions  of 
learning  and  charity  in  other  States  and  Territories  of  the  United  States  by  the 
legislation  of  the  Congress  of  the  United  States,  or  from  private  individuals  or 
corporations,  and  for  the  benefit  of  said  institutions  they  shall  have  power  to  buy 
and  sell  or  lease  or  mortgage  realty,  and  do  all  things  that,  in  the  opinion  of  the 
several  boards,  will  be  for  the  best  interests  of  said  institutions  and  are  in  the  line 
of  its  object. 

SEC.  3648.  All  the  institutions  provided  for  in  this  act  sh:ill  forever  remain* 
strictly  nonsectarian  in  character,  and  no  creed  or  system  of  religion  shall  be 
taught  in  any  of  them. 

SEC.  3659.  Diplomas  issued  to  graduates  of  *  *  *  the  Territorial  Agricul- 
tural College  at  Las  Cruces  shall  be,  and  the  same  are  hereby,  considered  as  first- 
class  teachers'  certificates  in  any  of  the  counties  in  the  Territory  of  New  Mexico. 

SEC.  3690.  An  issue  of  the  bonds  of  the  Territory  of  New  Mexico  is  hereby- 
authorized  and  directed  to  be  made  in  the  sum  of  $35,000,  to  be  known  as  Terri- 
torial institution  bonds  *  *  *  and  shall  be  made  payable  in  thirty  years 
from  July  1,  1895. 

SEC.  3691.  The  auditor  of  public  accounts  is  hereby  directed  to  levy  a  tax  suffi- 
cient to  pay  the  interest  on  said  bonds  and  to  give  notice  of  such  assessment  to  the 
several  officers  who  are  charged  with  the  duty  of  assessment  of  taxes  in  the  sev- 
eral counties  of  the  Territory,  who  shall  assess  the  same  in  the  same  manner  that 
other  taxes  are  required  to  be  assessed  for  Territorial  purposes;  and  for  the  final 
redemption  of  the  principal  of  said  bonds  there  shall,  in  the  same  manner,  be 
annually  levied,  after  the  expiration  of  ten  years  from  the  date  of  the  issue  of  said 
bonds,  an  annual  tax  sufficient  to  provide  for  the  payment  of  such  bonds  by  or 
before  the  maturity  thereof. 


LAWS   RELATING   TO    LAND-GRANT   COLLEGES.  131 

SEC.  3692.  Said  bonds,  when  so  issued,  shall  be  delivered  *  *  *  $15,000  to  the 
board  of  regents  of  the  New  Mexico  College  of  Agriculture  and  Mechanic  Arts  at 
Las  Cruces,  and  negotiated  by  the  board  of  regents  of  each  of  said  Territorial 
institutions  to  the  best  advantage  possible,  and  the  proceeds  thereof  shall  be  used 
by  the  board  of  regents  of  each  of  said  Territorial  institutions,  from  the  amount 
of  said  bonds  so  delivered  to  them,  in  the  erection,  completion,  and  furnishing  of 
suitable  buildings  and  other  improvements  that  may  be  made  under  the  direction 
of  said  board  of  regents,  for  the  benefit  of  their  respective  institutions,  and  for  the 
providing  for  the  needed  and  necessary  furniture  and  furnishings  of  their  respective 
institutions  in  such  manner  as  to  the  board  of  regents  may  seem  best:  Provided, 
however,  Said  bonds  shall  not  be  sold  under  par,  but  the  necessary  expense  of  their 
negotiation  may  be  deducted  or  paid  from  the  amount  realized  from  the  sale  of 
said  bonds  or  any  of  them. 

SEC.  3693.  Hereafter,  whenever  it  shall  be  deemed  necessary  by  the  board  of 
regents  of  the  *  *  *  Agricultural  College  and  Agricultural  Station  of  New 
Mexico  *  *  *  to  acquire  title  to  any  lands  for  the  use  of  any  such  institution, 
and  the  owner  or  owners  of  such  lands  are  unable  or  unwilling  to  accept  a  fair  and 
reasonable  price  for  such  lands,  then,  and  in  that  event,  each  of  the  said  several 
boards  may  acquire,  in  the  name  of  the  Territory  of  New  Mexico,  title  to  so  much 
of  said  land  or  lands  as  shall  be  deemed  necessary  by  any  such  board  for  the  use 
of  any  such  institution,  in  the  same  manner  as  now  provided  by  law  for  the  con- 
demnation of  land  for  railroad  purposes,  and  such  land  so  taken  shall  be  deemed 
to  be  taken  for  public  use. 

SEC.  3693a.  That  it  shall  be  unlawful  for  any  officer  of  any  Territorial  institu- 
tion of  this  Territory  to  incur  or  contract  any  indebtedness  for  or  on  behalf  of  the 
Territory  in  excess  of  the  sum  appropriated  by  the  general  assembly  for  the  use 
or  support  of  such  institution  for  the  fiscal  year.  Nor  shall  any  officer  of  any 
Territorial  institution  draw  any  money  from  the  Territorial  treasury  unless  the 
same  shall  be  absolutely  needed  and  required  by  such  institution  at  the  time,  and 
then  only  upon  the  warrant  of  the  Territorial  auditor.  Any  person  offending 
against  the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  punished  by  a  fine  not  exceeding  $500  and  dismissal,  in  the  dis- 
cretion of  the  court.  The  term  "officer,"  as  used  in  this  act,  shall  be  taken  to 
include  members  of  the  various  boards  created  by  the  law  to  govern  or  supervise 
the  respective  institutions. 

Acts,  1897,  Chapter  LXXII:  SEC.  5.  [For]  The  New  Mexico  College  of  Agricul- 
ture and  Mechanic  Arts  [and  other  named  Territorial  institutions  for  support  and 
maintenance]  an  annual  tax  levy  to  the  amount  of  two  and  five  one-hundredths 
of  1  mill  on  the  dollar,  in  addition  to  that  provided  for  other  purposes,  shall  be 
made  and  collected,  and  the  product  of  such  levy  shall  be  distributed  as  follows:  To 
the  New  Mexico  College  of  Agriculture  and  Mechanic  Arts,  twenty  one-hundreths 
of  1  mill  *  *  *:  Provided,  That  the  funds  herein  provided  for  the  College  of 
Agriculture  and  Mechanic  Arts  shall  only  be  used  for  building,  repairs,  the  teach- 
ing of  Spanish  and  other  branches  not  paid  for  out  of  United  States  funds,  and 
other  such  expenses:  Provided,  further,  That  no  president  or  member  of  the  faculty 
of  any  Territorial  institution  shall  be  removed  during  the  term  for  which  he  is 
elected  or  appointed  except  for  cause  and  after  trial  by  the  board  of  regents  of  his 
institution,  and  that  no  secretary  or  treasurer  of  any  such  institution,  except  those 
supported  in  whole  or  in  part  by  United  States  appropriation,  shall  receive  any 
compensation  as  such  secretary  and  treasurer,  or  either. 

Acts,  1899,  Chapter  LXXIV:  SEC.  7.  The  Commissioner  of  Public  Lands  shall 
keep  separate  accounts  of  all  moneys  received  from  lands  reserved  for  *  *  * 
an  agricultural  college. 

Ibid.,  1899,  Chapter  LXXXI:  SECTION  1.  For  the  New  Mexico  College  of  Agri- 
culture and  Mechanic  arts  twenty-one  one-hundredths  of  1  mill  for  "  each  and  every 
year  hereafter." 

Ibid.,  1901,  Chapter  LXXXIX:  SECTION  1.  After  the  passage  of  this  act  an  issue 
of  the  bonds  of  the  Territory  of  New  Mexico  is  hereby  authorized  and  directed  to 
be  made  in  the  sum  of  $25,000,  to  be  known  as  the  New  Mexico  Agricultural  Col- 
lege bonds.  Such  bonds  shall  be  issued  in  the  denomination  of  $1,000  each,  bear- 
ing interest  at  the  rate  of  5  per  cent  per  annum,  interest  payable  semiannually 
on  the  10th  days  of  January  and  July,  principal  and  interest  payable  at  the  Western 
National  Bank,  in  the  city  of  New  York,  State  of  New  York.  And  said  bonds 
shall  be  signed  by  the  governor  and  treasurer  of  the  Territory  and  countersigned 
by  the  auditor  of  public  accounts,  and  shall  be  made  payable  in  thirty  years  from 
the  date  of  their  issue,  but  may  be  redeemed  at  the  pleasure  of  the  Territory  at 
any  time  after  twenty  years  from  their  date. 

SEC.  2.  And  there  is  hereby  pledged  for  the  payment  of  said  bonds  and  interest 


132  EDUCATION   REPORT,  1903. 

the  revenues  arising  from  the  leasing  and  the  income  derived  from  the  safely 
invested  proceeds  of  sales  of  75,000  acres  of  the  100.000  acres  of  land  granted  to 
the  Territory  of  New  Mexico  by  the  United  States  for  the  use  and  benefit  of  the 
New  Mexico  College  of  Agriculture  and  Mechanic  Arts,  in  accordance  with  the 
provisions  of  the  act  of  Congress  entitled  "An  act  to  make  certain  grants  of  land 
to  the  Territory  of  New  Mexico  and  for  other  purposes,"  approved  June  21, 
1898,  and  the  act  of  the  legislative  assembly  of  the  Territory  of  New  Mexico 
entitled  "An  act  establishing  a  board  of  public  lands,  assigning  their  duties,  and 
for  leasing  and  managing  public  lands  and  funds,"  approved  March  16,  1899. 
And  all  of  such  proceeds,  or  so  much  thereof  as  may  be  necessary,  together  with 
any  interest  accruing  therefrom,  shall  be  paid  to  the  treasurer  of  the  Territory  of 
New  Mexico  and  be  by  him  separately  kept  as  a  fund  for  the  payment  of  the 
interest  and  principal  of  the  bonds  herein  provided  to  be  issued:  Provided,  liow- 
ever,  Should  the  proceeds  as  aforesaid  be  not  sufficient  in  any  year  to  pay  the 
interest  which  shall  become  due  as  provided  herein,  the  auditor  of  public  accounts 
of  the  Territory  of  New  Mexico  is  hereby  directed  to  levy  a  tax,  at  the  time  that 
other  taxes  are  levied,  sufficient  to  pay  the  interest  on  said  bonds,  and  to  give 
notice  of  such  assessment  or  levy  of  taxes  to  the  several  officers  who  are  charged 
with  the  duty  of  the  assessment  of  taxes  in  the  several  counties  of  the  Territory, 
who  shall  assess  the  same  in  the  manner  that  other  tazes  are  required  to  be 
assessed  for  Territorial  purposes:  And  further  provided,  In  event  sufficient  funds 
have  not  been  realized  from  the  proceeds  of  sales  and  rentals  as  aforesaid,  prin- 
cipal and  interest,  on  the  1st  day  of  January,  1929,  then  such  portion  of  said  lands 
authorized  by  law  to  be  sold ,  remaining  unsold  at  that  time,  as  may  be  necessary, 
shall  be  at  once  put  upon  the  market  and  sold  by  the  board  of  public  lands  under 
such  regulations  and  laws  as  may  then  be  in  force,  and  the  proceeds  realized  from 
such  sale  shall  likewise  go  to  pay  any  part  of  said  bonds  and  interest  then  unpaid 
when  due  and  to  reimburse  the  Territory  for  all  interest  paid  by  it  and  remain- 
ing unpaid  in  accordance  with  the  provisions  of  this  act. 

SEC.  *3.  Said  bonds  shall  be  issued  and  negotiated  under  the  direction  of  the 
treasurer  of  the  Territory  of  New  Mexico:  Provided,  however,  Said  bonds  shall  not 
be  sold  under  their  face  value.  The  proceeds  of  the  sale  of  said  bonds  shall  be 
safely  kept  by  the  treasurer  of  the  Territory  of  New  Mexico,  under  bond,  and 
may  be  expended  by  the  board  of  regents  of  said  institution  for  the  following  pur- 
poses: The  erection  of  a  dormitory  for  boys  and  young  men  attending  such  insti- 
tution; the  erection  of  a  gymnasium  and  library  building,  and  furniture,  fixtures, 
and  equipment  for  said  buildings;  for  the  purchase  or  development  of  ample  and 
sufficient  water  supply  for  domestic  and  irrigation  purposes  of  said  institution  and 
the  farm  connected  therewith;  for  repairs  to  and  insurance  upon,  and  fuel,  water, 
and  lights  for,  all  college  buildings;  for  salaries  of  janitors  and  librarian,  and  for 
such  necessary  printing  as  can  not  be  paid  for  out  of  United  States  appropria- 
tions. 

Ibid., Chapter XC:  [Appropriates  twenty  one-hundredths  of  1  mill  on  the  dollar 
tax  to  the  New  Mexico  College  of  Agriculture  and  Mechanic  Arts.] 

Ibid. ,  Chapter  XCVIII:  SECTION  1.  The  boards  of  managers  of  the  different  Ter- 
ritorial institutions,  under  whatsoever  name  they  may  be  legally  designated,  are 
hereby  directed  and  required  to  keep  in  suitable  books  of  record  a  strict  account 
of  all  moneys  received  by  them  from  the  Territory,  and  also  itemized  accounts  of 
the  disbursement  of  the  same.  They  shall  require  all  bills  against  such  institu- 
tions to  be  made  out  in  duplicate,  and  all  salaries  or  other  expenditures,  except  for 
bills  and  current  expenses,  shall  be  receipted  for  in  duplicate,  one  of  such  bills  or 
receipts  to  be  kept  by  the  said  board  of  managers  with  the  other  papers  and  prop- 
erty of  the  institution  and  the  other  to  accompany  all  requisitions  upon  the  audi- 
tor of  the  Territory  for  warrants,  and  no  warrant  shall  be  drawn  by  the  auditor 
for  any  amount  in  favor  of  any  such  institution  unless  the  requisition  therefor  is 
accompanied  with  such  itemized  receipts  for  the  money  expended  after  the  last 
requisition. 

SEC.  3. .  It  is  hereby  made  the  duty  of  the  several  boards  of  managers  of  Terri- 
torial, charitable,  or  other  institutions  which  receive  any  money  from  the  Terri- 
torial treasury  at  the  end  of  each  fiscal  year  to  make  out  an  itemized  and  detailed 
statement  of  all  receipts  and  disbursements  of  such  institution  up  to  and  including 
the  last  day  of  said  fiscal  year,  which  shall  be  sworn  to  as  correct  by  the  secretary, 
treasurer,  or  other  accounting  officer  of  such  institution  who  draws  and  receives 
the  Territorial  funds,  and  shall  be  transmitted  to  the  governor  of  the  Territory 
within  the  first  thirty  days  of  the  new  fiscal  year;  and  any  failure  on  the  part  of 
any  person  or  officer  to  perform  the  diities  herein  specified  shall  subject  such  per- 
son to  removal  from  his  position,  and  in  case  he  is  a  bonded  officer  it  shall  be  con- 
sidered as  a  breach  of  his  bond  and  be  a  misdemeanor  in  office,  for  which  he  may 


LAWS   RELATING   TO   LAND-GRANT    COLLEGES.  133 

be  fined  in  any  sum  not  exceeding  $500  nor  less  than  $100,  which  shall  be  recovered 
from  him  and  the  sureties  on  his  bond  as  a  penalty. 

SEC.  4.  The  governing  boards  of  the  several  educational  institutions  of  this  Ter- 
ritory shall,  at  the  same  time  when  the  annual  financial  statement  required  by  sec- 
tion 3  of  this  act  is  to  be  made,  also  make  and  transmit  to  the  governor  a  list  of 
the  pupils  enrolled  in  such  institution  on  the  last  day  of  the  preceding  fiscal  year, 
stating  the  name,  age,  residence,  and  grade  of  each  pupil. 


NEW  YORK. 

[The  following  matter  is  taken  from  the  Revised  Statutes,  Codes,  and  General  Laws  of  the 
State  of  New  York,  certified  by  the  Secretary  of  State,  under  sec.  932  of  the  Code  of  Civil  Pro- 
cedure, as  amended  by  Laws  or  1895,  chap.  504,  3d  ed.,  by  Clarence  P.  Birdseye,  New  York,  1901.] 

Cornell  University:  SECTION  1.  The  treasurer  of  the  State  is  hereby  designated 
as  the  officer  designated  by  the  laws  of  the  State  in  pursuance  of  an  act  of  the 
Congress  of  the  United  States  approved  August  30,  1890,  and  the  assent  of  this 
State  is  hereby  given  to  the  purpose  of  said  grants  and  to  all  the  terms  and  condi- 
tions thereof,  as  specified  in  such  act  of  Congress! 

SEC.  2.  The  treasurer  of  this  State  shall  keep  the  accounts  of  all  moneys  here- 
after received  by  him  in  pursuance  of  such  act  of  Congress  in  a  separate  fund  to  the 
credit  of  the  Cornell  University,  and  shall  pay  all  such  moneys  immediately  upon 
the  receipt  thereof  by  him  to  the  treasurer  of  the  Cornell  University  upon  the 
warrant  of  the  comptroller,  issued  upon  the  order  of  the  trustees  of  the  Cornell 
University,  in  pursuance  of  said  act  of  Congress. 

SEC.  3.  The  sum  of  $15,000  heretofore  paid  to  the  treasurer  of  this  State  in  pur- 
suance of  such  act  of  Congress  is  hereby  appropriated,  to  be  paid  by  the  treasurer 
of  the  State  to  the  treasurer  of  the  Cornell  University  out  of  the  fund  to  which 
the  same  may  be  credited,  upon  the  warrant  of  the  comptroller,  issued  upon  the 
order  of  the  trustees  of  the  Cornell  University  in  obedience  to  the  requirements 
of  said  act  of  Congress. 

SEC.  4.  The  balance  of  the  income  of  the  college  land-scrip  fund  received  by  the 
State  prior  to  October  1,  1889,  and  not  heretofore  paid  over  to  the  Cornell*  Uni- 
versity and  reported  by  the  comptroller  of  this  State  in  his  communication  to  the 
Senate  dated  March  31,  1890,  to  be  payable  to  the  Cornell  University  in  accord- 
ance with  the  decision  of  the  court  of  appeals  in  the  action  entitled  "  The  People 
ex  rel.  Cornell  University,  appellant,  against  Ira  Davenport,  comptroller,  respond- 
ent," decided  by  the  court  of  appeals  January  14, 1890,  and  amounting  to  the  sum 
of  $89,383.66,  is  hereby  appropriated,  to  be  paid  by  the  treasurer  of  the  State,  out 
of  any  moneys  in  the  treasury  not  otherwise  appropriated,  to  the  treasurer  of  the 
Cornell  University  upon  the  warrant  of  the  comptroller,  issued  upon  the  order  of 
the  trustees  of  the  Cornell  University,  reciting  that  the  same  shall  be  in  full  of  all 
claims  or  demands  of  the  Cornell  University  against  the  State  for  or  on  account 
of  the  income  of  the  college  land-scrip  fund  received  by  the  State  prior  to  October 
1,  1889,  except  for  the  sum  of  $3,096.25,  the  balance  of  such  income  in  the  treasury 
of  the  State  upon  October  1,  1889. 

SEC.  5.  There  is  hereby  established  a  State  veterinary  college  at  Cornell  Uni- 
versity. For  the  purpose  of  constructing  and  equipping  suitable  buildings  for 
such  college  upon  the  grounds  of  said  university  at  Ithaca,  N.  Y.,  the  sum  of 
$50,000,  or  so  much  thereof  as  may  be  necessary,  is  hereby  appropriated,  to  be  paid 
by  the  treasurer,  upon  the  warrant  of  the  comptroller,  upon  vouchers  approved 
by  the  commissioner  of  agriculture,  to  the  Cornell  University.  No  part  of  such 
money  shall  be  expended  until  plans  and  specifications  for  the  construction  and 
equipment  of  such  buildings  and  of  the  location  thereof  shall  have  been  approved 
by  the  commissioner  of  agriculture  nor  until  the  comptroller  shall  have  certified 
that  in  his  judgment  the  expense  of  the  completion  and  equipment  of  such  build- 
ings in  accordance  with  such  plans  and  specifications  will  not  exceed  the  amount 
of  such  appropriation.  Such  buildings  and  equipment  shall  be  the  property  of 
the  State.  [By  a  law  of  1895,  chap.  598,  $100,000  was  appropriated  on  the  same 
conditions.] 

SEC.  6.  The  State  veterinary  college,  established  by  law,  shall  be  known  as  the 
New  York  State  Veterinary  College.  The  object  of  said  veterinary  college  shall 
be  to  conduct  investigations  as  to  the  nature,  prevention,  and  cure  of  all  diseases, 
of  animals,  including  such  as  are  communicable  to  man  and  such  as  cause  epizo- 
otics among  live  stock;  to  investigate  the  economical  questions  which  will  con- 
tribute to  the  more  profitable  breeding,  rearing,  and  utilization  of  animals;  to 


134  EDUCATION   REPORT,   1903. 

produce  reliable  standard  preparations  of  toxins,  antitoxins,  and  other  products 
to  be  used  in  the  diagnosis,  prevention,  and  cure  of  diseases  and  in  the  conducting 
of  sanitary  work  by  approved  modern  methods;  and  to  give  instruction  in  the 
normal  structure  and  function  of  the  animal  body,  in  the  pathology,  prevention, 
and  treatment  of  animal  diseases,  and  in  all  matters  pertaining  to  sanitary  science 
as  applied  to  live  stock  and  correlatively  to  the  human  family.  All  buildings, 
furniture,  apparatus,  and  other  property  heretofore  or  hereafter  erected  or  fur- 
nished by  the  State  for  such  veterinary  college  shall  be  and  remain  the  property 
Df  the  State.  The  Cornell  University  shall  have  the  custody  and  control  of  said 
property,  and  shall,  with  whatever  State  moneys  may  be  received  for  the  purpose, 
administer  the  said  veterinary  college,  with  authority  to  appoint  investigators, 
teachers,  and  other  officers,  to  lay  out  lines  of  investigation,  to  prescribe  the 
requirements  for  admission  and  the  course  of  study,  and  with  such  other  power 
and  authority  as  may  be  necessary  and  proper  for  the  due  administration  of  such 
veterinary  college.  Said  tiniversity  shall  receive  no  income,  profit,  or  compensa- 
tion therefor,  but  all  moneys  received  from  State  appropriations  for  the  said 
veterinary  college  or  derived  from  other  sources  in  the  course  of  the  administra- 
tion shall  be  kept  by  said  university  in  a  separate  fund  from  the  moneys  of  the 
university,  and  shall  be  used  exclusively  for  said  New  York  State  Veterinary 
College.  Such  moneys  as  may  fye  appropriated  to  be  paid  to  the  Cornell  Univer- 
sity by  the  State  in  any  year,  to  be  expended  by  said  university  in  the  administra- 
tion of  said  veterinary  college,  shall  be  payable  to  the  treasurer  of  Cornell  Univer- 
sity in  three  equal  payments,  to  be  made  on  the  1st  day  of  October,  the  1st  day  of 
January,  and  the  1st  day  of  April  in  such  year,  and  within  thirty  days  after  the 
expiration  of  the  period  for  which  such  installment  is  received  the  said  university 
shall  furnish  the  comptroller  of  the  State  of  New  York  satisfactory  vouchers  for 
the  expenditure  of  such  installment.  The  said  university  shall  expend  such 
moneys  and  use  such  property  of  the  State  in  administering  said  veterinary  col- 
lege, and  shall  report  to  the  governor  during  the  month  of  January  in  each  year 
a  detailed  statement  of  such  expenditures  and  of  the  general  operations  of  the 
said  veterinary  college.  No  tuition  fee  shall  be  required  of  a  student  pursuing 
the  regular  veterinary  course  who,  for  a  year  or  more  immediately  preceding  his 
admission  to  said  veterinary  college,  shall  have  been  a  resident  of  this  State.  The 
tuition  fees  charged  to  other  students  and  all  other  fees  and  charges  in  said 
veterinary  college  shall  be  fixed  by  Cornell  University,  and  the  moneys  so  received 
shall  be  expended  for  the  current  expenses  of  the  said  veterinary  college. 

SEC.  7.  Upon  the  acceptance  by  Cornell  University  of  the  provisions  of  this  act, 
which  acceptance  in  writing  duly  executed  and  acknowledged  in  the  manner  pro- 
vided by  law  for  the  execution  of  written  instruments  by  corporations  shall  be 
filed  in  the  office  of  the  secretary  of  state  within  ten  days  after  the  approval 
of  this  act,  the  trustees  of  Cornell  University  are  authorized  and  empowered  to 
create  and  establish  a  department  in  said  university  to  be  known  as  and  called 
the  New  York  State  College  of  Forestry,  for  the  purpose  of  education  and  instruc- 
tion in  the  principles  and  practices  of  scientific  forestry. 

SEC.  8.  For  the  purposes  of  such  school  and  for  carrying  out  the  objects  of  this 
act  the  board  of  trustees  of  said  university  are  hereby  authorized  and  empowered, 
by  and  with  the  consent  and  approval  and  under  the  direction  of  the  forest  pre- 
serve board  of  this  State,  to  contract  for  the  purchase  of  and  to  purchase  and  to 
acquire  by  purchase  title  to  not  more  than  30,000  acres  of  land  in  the  Adirondack 
forests.  The  university  shall  have  the  title,  possession,  management,  and  control 
of  such  land,  and  by  its  board  of  trustees  through  the  aforesaid  college  of  forestry 
shall  conduct  upon  said  land  such  experiments  in  forestry  as  it  may  deem  most 
advantageous  to  the  interests  of  the  State  and  the  advancement  of  the  science  of 
forestry,  and  may  plant,,  raise,  cut,  and  sell  timber  at  such  times,  of  such  species 
and  quantities,  and  in  such  manner  as  it  may  deem  best,  with  a  view  to  obtain- 
ing and  imparting  knowledge  concerning  the  scientific  management  and  use  of 
forests,  their  regulation  and  administration,  the  production,  harvesting,  and  repro- 
duction of  wood  crops,  and  earning  a  revenue  therefrom,  and  to  that  end  may  con- 
stitute and  appoint  a  faculty  of  such  school,  consisting  of  one  director  or  professor 
and  two  instructors,  and  may  employ  such  forest  manager,  rangers,  and  superin- 
tendents and  incur  such  other  expenses  in  connection  therewith  as  may  be  neces- 
sary for  the  proper  management  and  conduct  of  said  college  and  the  care  of  said 
lands  and  for  the  purposes  of  this  act  within  the  amount  hereinafter  appropriated. 

SEC.  9.  The  superintendent  of  the  State  land  survey  or  the  State  engineer  and 
surveyor  shall  make  such  surveys  and  furnish  such  maps  as  may  be  required  by 
said  trustees  and  authorized  and  directed  by  the  forest  preserve  board  of  lands 
purchased  or  proposed  to  be  purchased  for  the  purposes  of  this  act. 

SEC.  10.  Every  deed  or  conveyance  of  lands  acquired  under  the  provisions  of 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  135 

this  act  by  said  university  shall  contain  in  the  habendnni  clause  thereof  a  condi- 
tion and  covenant  that  the  same  and  the  title  to  the  land  conveyed  therein  and 
thereby  is  taken  by  the  grantee  therein  named,  the  Cornell  University,  under  and 
pursuant  to  the  provisions  of  this  act,  and  shall  also  contain  an  express  covenant 
running  with  the  land  and  binding  upon  said  university  that  the  same  is  con- 
veyed for  the  uses  and  purposes  in  this  act  provided  for,  and  also  an  express  cove- 
nant on  the  part  of  said  university  to  convey  said  lands  to  the  people  of  the  State, 
as  hereinafter  provided  for.  Every  such  conveyance  shall  be  executed  in  dupli- 
cate, one  of  which  shall  be  recorded  in  the  office  of  the  clerk  of  the  county  where 
the  land  is  situated  and  the  other  in  the  office  of  the  secretary  of  state. 

SEC.  11.  Payments  for  the  lands  thus  purchased  shall  be  made  in  manner  fol- 
lowing: Upon  the  execution  of  any  contract  or  conveyance  pursuant  to  section  8 
and  section  9  above,  the  board  of  trustees  of  the  university  shall  transmit  a  certi- 
fied copy  thereof  to  the  forest-preserve  board  with  a  written  request  for  a  warrant 
and  certificate  for  the  payment  of  the  purchase  price  to  the  grantor  or  proper  per- 
sons entitled  thereto.  The  forest-preserve  board  shall,  after  examination,  and  if 
such  be  the  fact,  make  and  execute  its  certificate  that  said  purchase  or  contract 
was  made  by  and  with  its  consent  and  approval  and  under  its  direction,  and  that 
the  same  is  in  all  respects  in  conformity  with  the  provisions  of  this  act,  and  shall 
attach  such  certificate  to  said  request  for  a  warrant  and  certificate,  and  transmit 
the  same  to  the  comptroller,  who  shall  thereupon  draw  his  warrant  upon  the 
treasurer  in  favor  of  the  grantor  or  proper  person  entitled  to  the  purchase  price, 
and  the  treasurer  shall  pay  the  same  from  any  moneys  heretofore  or  hereafter 
appropriated  for  the  purpose  of  chapter  220  of  the  laws  of  1897. 

SEC.  12.  All  moneys  received  by  Cornell  University  from  State  appropriations 
for  the  said  [forestry]  college  shall  be  kept  by  said  university  in  a  separate  fund 
from  the  moneys  of  the  university,  and  shall  be  used  exclusively  for  said  college. 
Such  moneys  as  may  be  appropriated  to  be  paid  to  the  Cornell  University  by  the 
State,  in  any  year,  to  be  expended  by  said  university  in  the  administration  of  said 
college  shall  be  payable  to  the  treasurer  of  Cornell  University  in  three  equal  pay- 
ments, to  be  made  on  the  1st  day  of  October,  the  1st  day  of  January,  and  the  1st 


installment.  The  said  university  shall  expend  such  moneys  and  use  such  property 
of  the  State  in  administering  said  college,  and  shall  report  to  the  legislature  dur- 
ing the  month  of  January  in  each  year  a  detailed  statement  of  such  expenditures 
and  of  the  general  operations  of  said  college.  Neither  the  board  of  trustees  nor 
any  member  thereof  shall  receive  any  compensation  for  services  under  this  act, 
but  each  such  member  is  entitled  to  be  repaid  from  the  State  treasury  his  actual 
and  necessary  expenses  incurred  in  the  performance  of  any  duty  imposed  iipon 
him  under  this  act  by  the  trustees  or  the  forest-preserve  board,  on  like  certificate 
of  the  forest-preserve  board  to  and  on  the  audit  and  warrant  of  the  comptroller. 

SEC.  13.  All  sums  received  by  the  university  from  the  sale  of  timber  or  other- 
wise, under  this  act,  shall  be  deposited  on  the  first  day  of  each  month  to  the  credit 
of  Cornell  University  in  such  bank  or  banks  as  may  be  designated  by  the  comp- 
troller for  that  purpose.  Each  bank  so  designated  shall  file  with  the  comptroller 
a  bond  in  an  amount  and  on  conditions  approved  by  him.  The  treasurer  of  Cor- 
nell University  shall,  on  or  before  the  fifth  day  of  each  month,  file  with  the  State 
comptroller  a  verified  statement  showing  the  amount  of  money  so  received  and 
deposited,  when,  from  whom,  and  for  what  received,  and  the  day  on  which  the 
deposit  was  made,  and  said  statement  shall  have  indorsed  thereon  a  certificate  of 
the  proper  officer  of  the  bank  that  such  deposit  has  been  made.  The  money  so 
deposited  may  be  drawn  by  the  treasurer  on  his  check  or  draft  countersigned  by 
the  comptroller  for  any  amount  included  in  an  estimate  approved  as  herein  pro- 
vided. The  director  of  the  New  York  State  College  of  Forestry  of  Cornell  Uni- 
versity shall,  on  the  first  day  of  each  month,  file  with  the  comptroller  an  estimate 
and  detailed  statement  of  all  moneys  that  will,  in  the  judgment  of  such  director, 
be  required  in  that  month  for  the  administration  of  the  trust  committed  to  Cor- 
nell University  under  this  act  in  connection  with  the  forest  lands.  The  comp- 
troller may  revise  and  reduce  the  estimate  and  shall  fix  the  amount  which  may  be 
drawn  thereon.  At  the  end  of  the  period  for  which  the  trustees  of  Cornell  Uni- 
versity hold  title  to  said  forest  lands  they  shall  render  a  full  account  of  said  fund 
to  the  comptroller  of  the  State  of  New  York,  and  all  balances,  if  any  then  remain, 
shall  be  paid  over  to  the  State  treasurer. 

SEC.  14.  Subject  only  to  the  powers,  duties,  and  responsibilities  vested  in  or 
imposed  upon  the  trustees  of  Cornell  University  by  this  act  and  except  as  may 
be  inconsistent  with  this  act  and  the  objects  and  purposes  herein  provided  for, 


136  EDUCATION   EEPOET,  1903. 

the  land  so  purchased  shall  be  deemed  to  be  and  shall  be  regarded  as  a  part  of 
the  forest  preserve,  so  far  as  may  be  necessary  for  the  protection  of  fish,  game, 
and  forests,  as  prescribed  by  the  fish,  game,  and  forest  law;  and  the  jurisdiction, 
supervision,  powers,  duties,  and  responsibilities  of  the  fish,  game,  and  forest 
commission,  and  of  fish  and  game  protectors  and  foresters,  authorized  by  the  fish, 
game,  and  forest  law,  except  as  may  be  inconsistent  with  the  provisions  of  this 
act,  shall  extend  and  apply  to  the  land  so  purchased  hereunder  for  the  purposes 
of  this  act. 

SEC.  15.  Upon  and  at  the  expiration  of  thirty  years  from  and  after  the  taking 
effect  of  this  act  all  lands  and  each  and  every  part  and  parcel  thereof  purchased 
by  said  university  and  paid  for  by  the  State  under  and  pursuant  to  the  provisions 
of  this  act  shall  be  by  the  board  of  trustees  of  said  university,  or  its  successors, 
granted  and  conveyed  to  the  people  of  the  State  of  New  York  by  a  good  and  suffi- 
cient deed  of  conveyance,  without  further  price  or  consideration  therefor,  and 
the  same  shall  thereupon  be  and  become  a  part  of  the  forest  preserve.  Nothing 
herein  contained,  however,  shall  be  held  or  construed  to  render  it  obligatory  upon 
the  trustees  to  accept  the  provisions  hereof. 

SEC.  16.  The  sum  of  $10,000  is  hereby  appropriated  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated  for  the  purposes  of  this  act,  exclusive  of  the 
purchase  of  land,  to  be  paid  to  Cornell  University;  such  sum  to  be  expended  by 
the  board  of  trustees  of  Cornell  University  as  hereinbefore  provided  for. 

State  finance  law:  SEC.  96.  The  acceptance  by  this  State  of  the  provisions  of 
an  act  of  the  Congress  of  the  United  States  approved  July  2, 1862,  and  which 
acceptance  is  contained  in  chapter  20  of  thela  ws  of  1863,  is  continued  in  force,  not- 
withstanding the  repeal  thereof  by  this  chapter.  The  money  raised  under  chapter 
78  of  the  laws  of  1895  by  the  sale  or  conversion  into  cash  of  the  securities  in  which 
were  invested  the  proceeds  of  the  sales  of  lands  and  land  scrip  formerly  constitut- 
ing the  college  land  scrip  fund,  together  with  the  money  paid  into  the  State 
treasury  from  the  sale  of  lands  or  land  scrip  belonging  to  such  fund,  is  held  by  the 
State  as  a  part  of  the  general  fund  for  the  benefit  and  use  of  Cornell  University. 
Five  per  cent  of  the  amount  of  the  proceeds  so  transferred  shall  annually  be  paid 
to  the  Cornell  University  pursuant  to  a  certificate  issued  by  the  comptroller  to  such 
university  by  virtue  of  chapter  78  of  the  laws  of  1895,  which  certificate  is  hereby- 
ratified  and  confirmed.  Certificates  shall  also  be  issued  by  the  State  to  such  uni- 
versity from  time  to  time  as  the  proceeds  of  the  sales  of  the  lands  and  land  scrip 
are  paid  into  the  treasury  for  the  payment  annually  of  5  per  cent  upon  such  pro- 
ceeds from  the  date  of  their  receipt  upon  the  same  conditions  as  the  original  cer- 
tificate. The  comptroller  in  his  annual  estimate  of  the  appropriations  required  for 
the  expenses  of  the  government  shall  include  the  amount  required  to  pay  the  interest 
on  these  certificates. 

Consolidated  school  law,  Title  XII:  SEC.  245.  The  several  departments  of  study 
in  Cornell  University  shall  be  open  to  applicants  for  admission  thereto  at  the  low- 
est rates  of  expense  consistent  with  its  welfare  and  efficiency  and  without  distinc- 
tion as  to  rank,  class,  previous  occupation ,  or  locality.  But  with  a  view  to  equalize 
its  advantages  to  all  parts  of  the  State  the  institution  shall  receive  students  to  the 
number  of  one  each  year  from  each  assembly  district  in  this  State,  to  be  selected 
as  hereinafter  provided,  and  shall  give  them  instruction  in  any  or  in  all  the  pre- 
scribed branches  of  study  in  any  department  of  said  institution  free  of  any  tuition 
fee  or  of  any  incidental  charges  to  be  paid  to  said  university,  unless  such  incidental 
charges  shall  have  been  made  to  compensate  for  materials  consumed  by  said  stu- 
dents or  for  damages  needlessly  or  purposely  done  by  them  to  the  property  of  said 
university.  The  said  free  instruction  shall,  moreover,  be  accorded  to  said  students 
in  consideration  of  their  superior  ability  and  as  a  reward  for  superior  scholarship 
in  the  academies  and  public  schools  of  this  State.  Said  students  shall  be  selected 
as  the  legislature  may  from  time  to  time  direct  and  until  otherwise  ordered,  as 
follows: 

1.  A  competitive  examination,  under  the  direction  of  the  department  of  public 
instruction,  shall  be  held  at  tbe  county  court-house  in  each  county  of  the  State 
npon  the  first  Saturday  of  June  in  each  year  by  the  city  superintendents  and  the 
school  commissioners  of  the  county. 

2.  None  but  pupils  of  at  least  16  years  of  age  and  of  six  months'  standing  in  the 
common  schools  or  academies  of  the  State  during  the  year  immediately  preceding 
the  examination  shall  be  eligible. 

3.  Such  examination  shall  be  upon  such  subjects  as  may  be  designated  by  the 
president  of  the  university.     Question  papers  prepared  by  the  department  of  pub- 
lic instruction  shall  be  used,  and  the  examination  papers  handed  in  by  the  different 
candidates  shall  be  retained  by  the  examiners  and  forwarded  to  the  department  of 
public  instruction. 


LAWS    RELATING    TO   LAND-GRANT   COLLEGES.  137 

4.  The  examiners  shall,  within  ten  days  after  snch  examination,  make  and  file  in 
the  department  of  public  instruction  a  certificate,  in  which  they  shall  name  all  the 
candidates  examined  and  specify  the  order  of  their  excellence;  and  such  candidates 
shall,  in  the  order  of  their  excellence,  become  entitled  to  the  scholarships  belonging 
to  their  respective  counties. 

5.  In  case  any  candidate  who  may  become  entitled  to  a  scholarship  shall  fail  to 
claim  the  same  or  shall  fail  to  pass  the  entrance  examination  at  such  university  or 
shall  die,  resign,  absent  himself  without  leave,  be  expelled,  or  for  any  other  reason 
shall  abandon  his  r5ght  to  or  vacate  such  scholarship  either  before  or  after  enter- 
ing thereupon,  then  the  candidate  certified  to  be  next  entitled  in  the  same  county 
shall  become  entitled  to  the  same.     In  case  any  scholarship  belonging  to  any  county 
shall  not  be  claimed  by  any  candidate  resident  in  that  county,  the  State  superin- 
tendent may  fill  the  same  by  appointing  thereto  some  candidate  first  entitled  to  a 
vacancy  in  some  other  county  after  notice  has  been  served  on  the  superintendent 
or  commissioners  of  schools  of  said  county.     In  any  such  case  the  president  of  the 
university  shall  at  once  notify  the  superintendent  of  public  instruction  and  that 
officer  shall  immediately  notify  the  candidate  next  entitled  to  the  vacant  scholar- 
ship of  his  right  to  the  same. 

6.  Any  State  student  who  shall  make  it  appear  to  the  satisfaction  of  the  president 
of  the  university  that  he  requires  leave  of  absence  for  the  purpose  of  earning  funds 
with  which  to  defray  his  living  expenses  while  in  attendance  may,  in  the  discre- 
tion of  the  president,  be  granted  such  leave  of  absence  and  may  be  allowed  a  period 
not  exceeding  six  years  from  the  commencement  thereof  for  the  completion  of  his 
course  at  said  university. 

7.  In  certifying  the  qualifications  of  the  candidates  preference  shall  be  given 
(^vhere  other  qualifications  are  equal)  to  the  children  of  those  who  have  died  in 
the  military  or  naval  service  of  the  United  States. 

8.  Notices  of  the  time  and  place  of  the  examinations  shall  be  given  in  all  the 
schools  having  pupils  eligible  thereto  prior  to  the  1st  day  of  January  in  each  year, 
and  shall  be  published  once  a  week  for  three  weeks  in  at  least  two  newspapers  in 
each  county  immediately  prior  to  the  holding  of  such  examinations.    The  cost  of 
publishing  such  notices  and  the  necessary  expenses  of  such  examinations  shall  be 
a  charge  upon  each  county,  respectively,  and  shall  be  audited  and  paid  by  the 
board  of  supervisors  thereof.     The  State'superintendent  of  public  instruction  shall 
attend  to  the  giving  and  publishing  of  the  notices  hereinbefore  provided  for.     He 
may,  in  his  discretion,  direct  that  the  examination  in  any  county  may  be  held  at 
some  other  time  and  place  than  that  above  specified,  in  which  case  it  shall  be  held 
as  directed  by  him.     He  shall  keep  full  records  in  his  department  of  the  reports 
of  the  different  examiners,  showing  the  age,  post-office  address,  and  standing  of 
each  candidate,  and  shall  notify  candidates  of  their  rights  under  this  act.     He 
ahall  determine  any  controversies  which  may  arise  under  the  provisions  of  this 
act.     He  is  hereby  charged  with  the  general  supervision  and  direction  of  all  mat- 
ters in  connection  with  the  filling  of  snch  scholarships.     Students  enjoying  the 
privileges  of  free  scholarships  shall,  in  common  with  the  other  students  of  said 
university,  be  subject  to  all  of  the  examinations,  rules,  and  requirements  of  the 
board  of  trustees  or  faculty  of  said  university,  except  as  herein  provided. 

Betting  and  gaming:  SEC.  13.  It  is  unlawful  to  keep  or  use  any  tables,  cards, 
dice,  or  any  other  article  or  apparatus  whatever  commonly  used  or  intended  to 
be  used  in  playing  any  game  of  cards  or  faro,  or  other  game  of  chance  upon 
which  money  is  usually  wagered  at  any  of  the  following  places:  ( 1 )  Within  a  build- 
lag  or  the  appurtenances  or  grounds  connected  with  any  incorporated  academy, 
high  school,  college,  or  other  institution  of  learning. 

Hazing:  SECTION  1.  It  shall  be  unlawful  for  any  person  or  persons  to  engage  in 
or  aid  or  abet  what  is  commonly  called  hazing  in* and  while  attending  any  of  the 
colleges,  public  schools,  or  other  institutions  of  learning  in  this  State,  and  who- 
ever participates  in  the  same  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  less  than  $10  nor  more  than  $100,  or  imprisonment 
Eot  less  than  thirty  days  nor  more  than  one  year,  or  both,  at  the  discretion  of  the 
court. 

Trusts  and  trustees:  SECTION  1.  Real  and  personal  property  may  be  granted  and 
conveyed  to  any  incorporated  college  or  other  literary  incorporated  institution  in 
this  State,  to  be  held  in  trust  for  either  of  the  following  purposes:  (1)  To  estab- 
lish and  maintain  an  observatory;  (3)  to  found  and  maintain  professorships  and 
scholarships;  (3)  for  any  other 'specific  purposes  comprehended  in  the  general 
objects  authorized  by  their  respective  charters.  The  said  trusts  may  be  created, 
subject  to  such  conditions  and  visitations  as  may  be  prescribed  by  the  grantor  or 
donor  and  agreed  to  by  said  trustees,  and  all  property  which  shall  hereafter  be 
granted  to  any  incorporated  college  or  other  literary  incorporated  institution  in 


138  EDUCATION    REPORT,   1903. 

trust  for  either  of  the  aforesaid  purposes  may  be  held  by  such  college  or  institu- 
tion upon  such  trusts  and  subject  to  such  conditions  and  visitations  as  may  be 
prescribed  and  agreed  to  as  aforesaid. 

SEC.  4.  The  trusts  authorized  by  this  act  may  continue  for  such  time  as  may  be 
necessary  to  accomplish  the  purposes  for  which  they  may  be  created. 

[Section  6  states  the  conditions  under  which  income  from  trust  fund  may  be 
allowed  to  accumulate,  and  section  7  refers  to  the  manner  in  which  any  "  diminu- 
tion of  principal  may  be  repaid  by  accumulation  of  interest."] 

Laws,  1896,  chapter  238:  SECTION  1.  The  board  of  trustees  of  said  Cornell  Uni- 
versity shall  hereafter  be  made  up  and  constituted  as  follows:  The  governor,  the 
lieutenant-governor,  the  speaker  of  the  house  of  assembly,  the  superintendent  of 
public  instruction,  the  president  of  the  State  agricultural  society,  the  commis- 
sioner of  agriculture,  the  librarian  of  the  Cornell  library,  and  the  president  of  the 
said  university  shall  be  trustees  thereof  ex  officio,  and  the  eldest  lineal  male 
descendant  of  Ezra  Cornell  shall  be  a  trustee  thereof  during  his  life.  There  shall 
also  be  30  elective  trustees,  20  of  whom  shall  be  elected  by  the  board  of  trustees 
and  10  by  the  alumni  of  said  university;  but  at  no  time  shall  a  majority  of  the 
board  be  of  any  one  religious  sect  or  of  no  religious  sect.  The  15  members  now 
constituting  the  elective  members  of  the  present  board  of  trustees  of  said  univer- 
sity shall  continue  to  act  as  such  until  the  expiration  of  their  respective  terms  of 
office.  At  the  first  commencement  following  the  passage  of  this  act  the  present 
board  of  trustees  shall  elect  2  trustees  for  a  full  term  of  five  years  each,  and  at 
the  same  time,  or  at  any  meeting  of  the  board  during  the  next  academic  year,  the 
board  of  trustees  shall  elect  10  additional  trustees,  2  of  whom  shall  serve  for  one 
year,  2  for  two  years,  2  for  three  years,  2  for  four  years,  and  2  for  five  years,  their 
respective  terms  being  determined  by  lot,  under  the  direction  of  the  board  of  trus- 
tees. And  thereafter  the  board  of  trustees  shall  elect  each  year  4  trustees,  and  as 
many  more  as  may  be  necessary  to  fill  vacancies  among  members  elected  by  them 
caused  by  resignation  or  death .  The  al  umni  of  said  university  shall  meet  annually , 
at  Ithaca,  N.  Y.,  on  the  day  before  commencement,  and  at  the  meeting  held  at 
the  first  commencement  following  the  passage  of  this  act  the  said  alumni  shall 
elect  1  trustee  to  serve  for  a  full  term  of  five  years,  the  candidates  therefor  to  be 
designated  as  candidates  for  a  "  full  term  "  if  nominations  are  made,  and  shall  be 
so  designated  upon  the  ballots;  and  at  the  same  time  they  shall  elect  5  additional 
trustees,  1  for  one  year,  1  for  two  years,  1  for  three  years,  1  for  four  years,  and  1 
for  five  years,  the  respective  terms  of  the  said  additional  5  trustees  to  be  deter- 
mined by  lot,  under  the  direction  of  the  board  of  trustees,  after  their  election. 
And  thereafter  at  the  meeting  of  the  alumni  at  each  annual  commencement  said 
alumni  shall  elect  2  trustees,  and  as  many  more  as  may  be  necessary  to  fill  vacan- 
cies arising  from  resignations  or  deaths  among  the  number  previously  elected  by 
them.  Except  as  hereinbefore  otherwise  provided,  the  term  of  office  of  each  elec- 
tive trustee  shall  be  five  years  from  the  annual  commencement  at  which  he  is 
elected;  but  if  elected  by  the  board  of  trustees  at  a  meeting  thereof  during  the 
academic  year  his  term  shall  then  be  five  years  from  the  commencement  imme- 
diately preceding  his  election;  but  every  trustee  shall  holdover  until  his  successor 
is  elected.  The  election  of  trustees  by  the  board  shall  be  by  ballot,  and  15  ballots 
shall  concur  before  any  one  is  elected,  and  12  shall  constitute  a  quorum  for  the 
transaction  of  business.  Who  shall  be  alumni  of  said  university  shall  be  pre- 
scribed by  its  board  of  trustees.  The  election  of  trustees  by  the  alumni  shall  be 
by  ballot  and  shall  be  conducted  in  the  following  manner  and  under  the  following 
provisions:  A  register  of  the  signature  and  address  of  each  of  the  said  alumni  of 
the  said  university  shall  be  kept  by  the  treasurer  of  the  said  university  at  his 
business  office.  Any  ten  or  more  alumni  may  file  with  the  treasurer,  on  or  before 
the  1st  day  of  April  in  each  year,  written  nominations  of  the  trustee  or  trustees 
to  be  elected  by  the  alumni  at  the  next  commencement.  Forthwith  after  such 
1st  day  of  April  a  list  of  such  candidates  shall  be  mailed  by  said  treasurer  to  each 
of  the  alumni  at  his  or  her  address.  Each  alumnus  may  vote  by  transmitted  bal- 
lot for  trustee  or  trustees  to  be  elected  by  the  alumni  at  any  commencement,  in 
accordance  with  such  regulations  as  to  the  method  and  time  of  voting  as  may  be 
prescribed  by  the  alumni  and  approved  by  the  trustees  of  the  university  or  its 
executive  committee.  The  candidates  to  the  extent  of  the  number  of  places  to  be 
filled  having  the  highest  number  of  votes  upon  the  first  ballot  shall  be  declared 
elected,  provided  that  each  of  said  candidates  has  received  the  votes  of  at  least 
one-third  of  all  the  alumni  voting  at  said  election;  but  if  there  shall  be  a  failure 
to  fill  all  or  one  or  more  of  the  vacancies  caused  by  expiration  of  term  or  other- 
wise, by  reason  of  the  fact  that  one  or  more  candidates  having  the  highest  num- 
ber of  votes  as  above  fail  to  receive  the  votes  of  at  least  one-third  of  the  alumni 
voting,  then  and  in  that  event  such  vacancies  shall  be  filled  by  the  alumni  per- 


LAWS   RELATING   TO   LAND-GRANT   COLLEGES.  139 

sonally  present  at  said  meeting,  the  election  being  limited  to  candidates  not  elected 
on  the  first  ballot,  if  there  is  a  sufficient  number  thereof  having  the  highest  plu- 
ralities, not  exceeding  two  candidates  for  each  place  thus  to  be  filled.  (Approved 
April  15,  1896.) 

Laws  ,1897,  chapter  128:  SECTION  1 .  For  the  promotion  of  agricultural  knowledge 
throughout  the  State  the  sum  of  $25,000,  or  so  much  thereof  as  may  be  necessary, 
is  hereby  appropriated  out  of  any  money  in  the  treasury  not  otherwise  appropri- 
ated, to  be  paid  to  the  college  of  agriculture  at  Cornell  University,  to  be  expended 
in  giving  instruction  throughout  the  State  by  means  of  schools,  lectures,  and  other 
university-extension  methods,  or  otherwise,  and  in  conducting  investigations  and 
experiments;  in  discovering  the  diseases  of  plants  and  remedies;  in  ascertaining 
the  best  method  of  fertilization  of  fields,  gardens,  and  plantations,  and  best  modes 
of  tillage  and  farm  management  and  improvement  of  live  stock,  and  in  printing 
leaflets  and  disseminating  agricultural  knowledge  by  means  of  lectures  or  other- 
wise, and  in  preparing  and  printing  for  free  distribution  the  results  of  such  investi- 
gations and  experiments,  and  for  republishing  such  bulletins  as  may  be  useful  in 
the  furtherance  of  the  work,  and  such  other  information  as  may  be  deemed  desir- 
able and  profitable  in  promoting  the  agricultural  interests  of  the  State.  Such  col- 
lege of  agriculture  may,  with  the  consent  and  approval  of  the  commissioner  of 
agriculture,  employ  teachers  and  experts  and  necessary  clerical  help  to  assist  in 
carrying  out  the  purposes  of  this  bill.  Such  teachers,  experts,  and  clerical  help 
may  be  removed  by  the  college  of  agriculture,  in  its  discretion,  and  may  be  paid 
for  their  services  such  sum  or  sums  as  may  be  deemed  reasonable  and  proper 
and  as  shall  be  approved  by  the  commissioner  of  agriculture.  All  of  such  work 
by  such  teachers  and  experts  who  shall  be  employed  under  this  bill  shall  be  under 
the  general  supervision  and  direction  of  the  commissioner  of  agriculture.  The 
sum  appropriated  by  this  act  shall  be  paid  by  the  treasurer  of  the  State,  upon  the 
warrant  of  the  comptroller,  to  the  treasurer  of  Cornell  University  upon  such 
treasurer  filing  with  the  comptroller  a  bond  in  such  sum  and  with  such  sure- 
ties as  the  comptroller  may  approve,  conditioned  for  the  faithful  application  of 
such  sum  to  the  purposes  for  which  the  same  is  hereby  appropriated.  Such  sum 
shall  be  payable  by  the  treasurer  of  Cornell  University  upon  vouchers  approved 
by  the  officers  or  agents  of  such  university  having  charge  of  such  college  of  agri- 
culture, and  such  vouchers  shall  be  filed  by  the  treasurer  of  Cornell  University  in 
the  office  of  the  comptroller  of  the  State.  (Approved  March  25, 1897.) 

[Chapters  67  of  the  laws  of  1898  and  430  of  the  laws  of  1899  appropriate  $35,000 
each  for  the  same  purpose.  Chapter  419  of  the  laws  of  1900  appropriates  $10,000 
for  the  same  purpose  for  the  balance  of  the  fiscal  year  ending  October,  1900. 
Chapters  418  of  the  laws  of  1900  and  644  of  the  laws  of  1901  appropriate  $35,000 
each  for  the  promotion  of  agricultural  knowledge,  as  provided  in  the  above  act, 
and  require  that  the  sum  of  $3,000  be  used  in  the  promotion  of  knowledge  relat- 
ing to  poultry  and  egg  production.] 


NORTH  CAROLINA. 

Constitution  (1868),  Article  I:  SEC.  27.  The  people  have  the  right  to  the  priv- 
ilege of  education,  and  it  is  the  duty  of  the  State  to  guard  and  maintain  that  right. 

Article  IX:  SECTION  1.  Religion,  morality,  and  knowledge  being  necessary  to 
good  government  and  the  happiness  of  mankind,  schools  and  the  means  of  educa- 
tion shall  forever  be  encouraged. 

SEC.  14.  As  soon  as  practicable  after  the  adoption  of  this  constitution  the  gen- 
eral assembly  shall  establish  and  maintain  in  connection  with  the  university  a 
department  of  agriculture,  of  mechanics,  of  mining,  and  of  normal  instruction. 

[The  following  section  is  taken  from  the  Code  of  North  Carolina,  enacted  March  2, 1883,  pre- 
pared by  William  T.  Dortch,  John  Manning,  John  S.  Henderson,  in  two  volumes.  New  York, 
1883.] 

SEC.  2196.  The  department  of  agriculture  shall  establish  an  agricultural  experi- 
ment and  fertilizer  control  station,  and  shall  employ  an  analyst  skilled  in  agricul- 
tural chemistry.  It  shall  be  the  duty  of  said  chemist  to  analyze  such  fertilizers 
and  products  as  may  be  required  by  the  department  of  agriculture,  and  to  aid  as 
far  as  practicable  in  suppressing  fraud  in  the  sale  of  commercial  fertilizers.  He 
shall  also,  under  the  direction  of  said  department,  carry  on  experiments  on  the 
nutrition  and  growth  of  plants,  with  a  view  to  ascertain  what  fertilizers  are  best 
suited  to  the  various  crops  of  this  State,  and  whether  other  crops  may  not  be 
advantageously  grown  on  its  soil,  and  shall  carry  on  such  other  investigations  as 


140  EDUCATION   REPORT,  1903. 

the  said  department  may  direct.  He  shall  make  regular  reports  to  the  said  depart- 
ment of  all  analyses  and  experiments  made,  which  shall  be  furnished  when  deemed 
needful  to  such  newspapers  as  will  publish  the  same.  His  salary  shall  be  paid 
out  of  the  funds  of  the  department  of  agriculture. 

Laws  and  Resolutions,  1885,  chapter  308  [amended  by  chapter  370,  laws  of  1899, 
q.  v.]:  SECTION  1.  The  board  of  agriculture  is  hereby  authorized  and  directed  to 
seek  proposals  of  donations  for  the  establishment  of  an  industrial  school,  and  when 
any  city  or  town  shall  donate  in  lands,  buildings,  machinery,  or  other  materials 
or  money  an  amount  adequate,  in  the  judgment  of  said  board,  for  the  establish- 
ment of  said  industrial  school,  it  shall  be  their  duty  to  locate  the  same  at  such 
Elace,  and  if  there  be  more  than  one  city  or  town  making  such  proposals  it  shall 
e  the  duty  of  the  board  to  locate  it  at  the  place  offering  the  greatest  inducement. 

SEC.  2.  The  board  of  agriculture  shall  direct  the  organization  and  equipment  of 
the  said  school,  and  shall  manage  and  control  the  same  in  conjunction  with  a  board 
of  three  directors  appointed  by  the  board  of  aldermen  of  the  city  or  town  whose 
proposal  is  accepted.  The  local  board  of  directors  may  sit  with  the  board  of  agri- 
culture in  advisement  upon  all  matters  pertaining  to  the  said  school,  but  shall  not 
have  power  to  vote  upon  questions  involving  appropriations  from  the  funds  of  the 
department  of  agriculture. 

SEC.  3.  Instruction  shall  be  provided  in  this  school  in  woodwork,  mining,  metal- 
lurgy, practical  agriculture,  and  in  such  other  branches  of  industrial  education  as 
may  be  deemed  expedient. 

SEC.  4.  The  board  of  agriculture  shall  apply  to  the  establishment  and  mainte- 
nance of  said  school  such  part  of  their  funds  as  is  not  required  to  conduct  the 
regular  work  of  the  department:  Provided,  That  not  more  than  $5,000  of  their 
funds  shall  be  applied  to  the  establishment  of  the  school  in  one  year. 

Ibid.,  1887,  chapter  410  [amended  by  chapter  348,  laws  of  1891,  and  chapter  370, 
laws  of  1899,  q.  v] :  SECTION  1.  The  industrial  school  provided  for  in  chapter  308, 
laws  of  1885,  shall  be  denominated  "The  North  Carolina  College  of  Agriculture 
and  Mechanic  Arts,"  and  shall  be  located  on  the  lands  offered  to  be  donated, 
in  accordance  with  the  provisions  of  the  said  law,  near  the  city  of  Raleigh. 

SEC.  2.  The  leading  object  of  this  college  shall  be,  without  excluding  other  sci- 
entific and  classical  studies,  to  teach  such  branches  of  learning  as  are  related  to 
agriculture  and  the  mechanic  arts,  in  order  to  promote  the  liberal  and  practical 
education  of  the  industrial  classes  in  the  several  pursuits  and  professions  of  life. 

SEC.  3.  [Amended  by  chapter  106,  laws  of  1889,  also  by  chapter  374,  laws  of 
1895,  and  chapter  328,  laws  of  1897,  q.  v.]  The  management  and  control  of  said  col- 
lege and  the  care  and  preservation  of  all  its  property  shall  be  vested  in  a  board  of 
trustees,  to  be  composed  of  the  board  of  agriculture  of  North  Carolina  and  five 
other  persons,  who  shall  be  appointed  by  the  governor,  by  and  with  the  consent 
of  the  senate,  who  shall  have  power  to  appoint  its  president,  instructors,  and  as 
many  other  officers  or  servants  as  to  them  shall  appear  necessary  and  proper,  and 
shall  fix  their  salaries  and  prescribe  their  duties.  They  shall  also  prescribe  rules 
for  the  management  and  preservation  of  good  order  and  morals  at  the  said  college 
as  are  usually  made  in  such  institutions  and  are  not  inconsistent  with  the  consti- 
tution and  laws  of  the  State;  have  charge  of  the  disbursement  of  its  funds,  and 
have  general  and  entire  supervision  of  the  establishment  and  maintenance  of  the 
said  college.  And  the  president  and  instructors  in  the  said  college,  by  and  with 
the  consent  of  the  said  board  of  trustees,  shall  have  the  power  of  conferring  such 
certificates  of  proficiency  or  marks  of  merit  as  are  usually  conferred  by  such  col- 
leges: Provided,  That  the  board  of  trustees  shall  be  composed  half  of  each  political 
party. 

SEC.  4.  The  certificates  of  indebtedness  of  this  State  for  $125,000,  issued  for  the 
principal  of  the  land  scrip  to  the  trustees  of  the  University  of  North  Carolina,  and 
bearing  interest  at  6  per  centum  per  annum,  shall  be  transferred  on  the  30th  day 
of  June,  1888,  or  as  soon  thereafter  as  it  shall  appear  that  the  agricultural  and 
mechanical  college  is  ready  to  receive  the  interest  on  the  land-scrip  fund,  and  that 
the  principal  of  the  fund  will  not  in  any  way  be  compromised  by  such  a  transfer 
to  the  said  board  of  trustees  for  the  benefit  of  the  said  North  Carolina  College  of 
Agriculture  and  Mechanic  Arts,  and  the  interest  thereon  shall  thereafter  be  paid 
to  them  by  the  treasurer  semiannually,  on  the  1st  day  of  July  and  January  in  each 
year,  for  the  purpose  of  aiding  in  support  of  the  said  college,  in  accordance  with 
the  provisions  of  the  act  of  Congress  approved  July  2,  1862. 

SEC.  5.  The  directors  of  the  North  Carolina  State  Penitentiary  shall  be  required 
to  furnish  all  brick  and  stone  requisite  for  the  erection  of  the  necessary  buildings 
of  the  said  college,  and  to  furnish  convict  labor  for  preparation  of  the  grounds 
and  the  foundations,  the  erection  of  the  said  buildings,  and  for  such  other  pur- 
poses in  connection  with  the  establishment  of  the  said  college  as  they  may  be  able; 


LAWS   RELATING  TO   LAND-GRANT   COLLEGES.  141 

such  material  and  labor  to  be  free  of  charge  to  said  college:  Provided,  That  the 
work  required  of  the  penitentiary  shall  not  interfere  with  any  contracts  upon 
which  the  penitentiary  may  be  engaged,  and  that  the  work  by  the  penitentiary 
shall  be  limited  to  two  years  from  date. 

SEC.  6.  The  board  of  agriculture  shall  turn  over  to  the  board  of  trustees  of  said 
college,  as  provided  in  this  act,  to  be  applied  to  the  establishment,  maintenance, 
and  enlargement  of  the  said  college,  all  funds,  land,  material,  and  other  property 
which  have  accumulated  in  their  hands  for  the  establishment  of  an  industrial 
school,  under  chapter  308,  laws  of  1885,  and  annually  thereafter,  the  whole  residue 
of  their  funds  from  licenses  on  fertilizers  remaining  over  and  not  required  to  con- 
duct the  regular  work  of  that  department.  The  agricultural  experiment  and  fer- 
tilizer control  station  already  established  under  the  said  board  of  agriculture  shall 
be  connected  with  the  said  college,  and  the  board  of  agriculture  may  turn  over  to 
the  said  trustees,  in  whole  or  in  part,  for  the  purposes  of  the  said  college,  any 
buildings,  lands,  laboratories,  museums,  or  other  property  which  may  be  in  their 
possession  as,  in  their  judgment,  maybe  thought  proper.  The  said  board  of  trus- 
tees are  empowered  to  receive  any  donations  of  property,  real  or  personal,  which 
may  be  made  to  the  said  college  of  agriculture  and  mechanic  arts,  and  shall  have 
the  power  to  invest  or  expend  the  same  for  the  benefit  of  said  college.  The  said 
board  of  agriculture  shall  have  the  power  to  accept  on  behalf  of  this  State  dona- 
tions of  property,  real  or  personal,  and  any  appropriations  which  may  be  made  by 
the  Congress  of  the  United  States  to  the  several  States  and  Territories  for  the 
benefit  of  agricultural  experiment  stations,  and  they  shall  expend  the  whole  amount 
so  received  for  the  benefit  of  the  aforesaid  agricultural  experiment  station  and  in 
accordance  with  the  act  or  acts  of  Congress  in  relation  thereto. 

SKC.  7.  The  use  of  the  300  acres  of  land,  more  or  less,  known  as  the  Camp  Man- 
gum  tract,  belonging  to  the  State  of  North  Carolina  and  situated  one-half  mile 
west  of  the  State  fair  grounds,  is  hereby  given  to  said  board  of  trustees  for  the 
benefit  of  said  college  of  agriculture  and  mechanic  arts  or  of  the  experiment  station 
connected  therewith. 

SEC.  8.  The  board  of  trustees  shall  admit  to  the  benefits  of  the  said  college,  free 
of  any  charges  for  tuition,  upon  evidence  of  good  moral  character  and  of  their 
inability  or  the  inability  of  their  parents  or  guardians  to  pay  their  tuition,  a  cer- 
tain number  of  youths,  to  be  determined  by  them,  not  to  be  less  than  120,  and 
shall  apportion  the  same  to  the  different  counties  applying,  according  to  their  rela- 
tive number  of  members  in  the  house  of  representatives  of  North  Carolina.  The 
said  board  are  hereby  empowered  to  make  the  necessary  regulations  for  carrying 
this  into  effect  and  for  the  admission  of  other  students. 

SEC.  9.  Every  student  in  this  college  of  agriculture  and  mechanic  arts  shall  W 
required  to  take  a  course  of  manual  training  or  labor,  together  with  the  other 
courses  of  study  and  exercises,  as  the  board  shall  direct. 

Ibid.,  1889,  chapter  106:  SECTION  1.  Section  3  of  chapter  410,  laws  of  1887,  is 
amended  by  striking  out  all  after  the  word  "colleges,"  in  line  20  of  said  section. 

Ibid.,  1891,  chapter  348  [amended  by  chapter  370,  laws  of  1899,  q.  v.J:  SECTION  1. 
Section  1  of  chapter  410,  laws  of  1887,  is  amended  by  adding  the  following  at  the 
end  of  the  section:  "And  on  such  other  lands  as  maybe  hereafter  acquired  by  said 
college.  The  North  Carolina  College  of  Agriculture  and  Mechanic  Arts  is  hereby 
incorporated  and  is  authorized  to  purchase,  hold,  or  sell  real  estate  for  the  benefit 
of  said  college,  and  the  management  of  said  corporation  shall  be  by  the  board  of 
trustees  now  provided  by  law  and  their  successors  in  office." 

SEC.  2.  Section  6  of  chapter  410,  laws  of  1887,  is  amended  by  striking  out  all 
after  the  words  "  eighty-five,"  in  line  8,  to  and  including  the  word  *'  department," 
in  line  11.  Also  the  following  shall  be  substituted  in  lieu  of  all  after  line  23  in  said 
section:  "  The  said  board  of  trustees  shall  have  power  to  accept  on  behalf  of  the 
State  donations  of  property,  real  or  personal,  and  any  appropriations  made  by  [the] 
Congress  of  the  United  States  to  the  several  States  and  Territories  for  the  benefit 
of  agricultural  experiment  stations  or  the  agricultural  and  mechanical  colleges  in 
connection  therewith,  and  they  shall  expend  the  whole  amount  so  received  in 
accordance  with  the  acts  of  Congress  in  relation  thereto." 

SEC.  3.  Section  7  of  chapter  410,  laws  of  1887,  is  substituted  by  the  following: 
•'  The  200  acres  of  land,  more  or  less,  known  as  a  part  of  the  Camp  Mangum  tract, 
belonging  to  the  State  of  North  Carolina  and  situated  one-half  mile  west  of  the 
State  fair  grounds,  is  hereby  given  to  the  said  board  of  trustees  for  the  said  Col- 
lege of  Agriculture  and  Mechanic  Arts." 

SEC.  4.  Section  8  of  chapter  410,  laws  of  1887,  is  amended  by  inserting  after  the 
word  '  *  Carolina,"  in  line  10,  the  following:  "And  it  shall  be  the  duty  of  the  super- 
intendent of  instruction  in  each  county,  on  the  days  fixed  by  law  for  examination 
of  teachers  of  the  public  schools,  also  to  examine  candidates  for  county  students 


142  EDUCATION   REPORT,   1903. 

to  the  said  college,  blanks  for  such  purpose  to  be  furnished  annually  by  the  presi- 
dent of  said  college  to  the  superintendents  of  instruction  in  each  county. ' ' 

SEC.  5.  The  following  section  is  added  to  chapter  410,  laws  of  1837:  "  That  for 
the  purpose  of  furnishing  proper  facilities  for  the  education  provided  under  this 
act  and  to  purchase  additional  land  and  the  erection  of  suitable  buildings  the  fol- 
lowing sums  shall  be  appropriated  from  funds  in  the  public  treasury  of  this  State 
not  otherwise  appropriated,  viz,  $10,000  for  the  year  1891,  $10,000  for  the  year 
1892,  such  sums  to  be  payable  annually  to  the  treasurer  of  the  North  Carolina  Col- 
lege of  Agriculture  and  Mechanic  Arts,  one-half  on  the  1st  day  of  January  and 
July  of  each  year. 

SEC.  6.  Th3  following  section  is  added  to  chapter  410,  laws  of  1887:  "  The  appro- 
priation made  by  act  of  Congress  of  the  date  of  August  30, 1890,  for  the  benefit  of 
colleges  of  agriculture  and  mechanic  arts  shall  be  divided  into  the  exact  ratio  in 
this  State  of  the  white  population  to  the  colored,  this  provision  to  apply  to  the 
current  and  all  succeeding  appropriations." 

SEC.  7.  The  following  section  is  added  to  chapter  410,  laws  of  1887:  "That  it 
shall  not  be  lawful  for  any  person  or  persons  to  sell  any  intoxicating  liquors  within 
three-fourths  of  a  mile  of  the  main  college  building." 

SEC.  8.  Power  is  hereby  conferred  upon  the  trustees  of  the  said  college  to  effect 
a  sale  of  the  lot  known  as  the  "  Grissom  lot,"  containing  3£  acres,  more  or  less, 
and  to  make  title  to  the  purchaser  or  purchasers  thereof,  the  said  lot  now  being 
under  the  control  of  the  said  trustees  and  having  been  purchased  from  [with] 
funds  donated  by  the  city  of  Raleigh  as  a  site  for  an  industrial  school.  (Ratified 
March  6,  1891.) 

Ibid.,  1891.  chapter  549:  SECTION  1.  A  college  of  agriculture  and  mechanical  arts 
is  hereby  established  for  the  colored  race,  to  be  located  at  some  eligible  site  within 
this  State,  to  be  hereafter  selected  by  the  board  of  trustees  hereinafter  provided  for. 

SEC.  2.  The  said  institution  shall  be  denominated '  'The  Agricultural  and  Mechan- 
ical College  for  the  Colored  Race. ' ' 

SEC.  3.  The  leading  object  of  the  institution  shall  be  to  teach  practical  agricul- 
ture and  the  mechanic  arts  and  such  branches  of  learning  as  relate  thereto,  not 
excluding  academical  and  classical  instruction. 

SEC.  4.  [Amended  by  chapter  389,  laws  of  1899,  q.  v.]  The  management  and  con- 
trol of  the  said  college  and  the  care  and  preservation  of  all  of  its  property  shall  be 
vested  in  a  board  of  trustees,  who  shall  be  selected  by  the  general  assembly  at 
each  term  thereof,  consisting  of  nine  members,  one  from  each  of  the  several  Con- 
gressional districts  of  the  State,  three  of  whom  shall  be  selected  for  a  term  of  two 
years,  three  for  four  years,  and  three  for  six  years,  and  at  the  expiration  of  the 
term  of  each  class  their  successors  shall  be  elected  for  a  term  of  six  years.  Any 
vacancy  which  may  occur  for  any  cause  shall  bo  filled  by  the  governor  for  the 
tmexpired  term.  The  said  board  shall  elect  one  of  their  number  to  be  the  presi- 
dent of  the  board  of  trustees. 

SEC.  5.  The  said  board  of  trustees  shall  have  power  to  prescribe  rules  for  the 
management  and  preservation  of  good  order  and  morals  at  the  said  college  as  are 
usually  made  in  such  institutions;  shall  have  power  to  appoint  its  president, 
instructors,  and  as  many  other  officers  or  servants  as  to  them  shall  appear  neces- 
sary and  proper,  and  shall  fix  their  salaries,  and  shall  have  charge  of  the  disburse- 
ment of  the  funds,  and  have  general  and  entire  supervision  of  the  establishment 
and  maintenance  of  the  said  college;  and  the  president  and  instructors  in  the  said 
college,  by  and  with  the  consent  of  the  said  board  of  trustees,  shall  have  the  power 
of  conferring  such  certificates  of  proficiency  or  marks  of  merit  and  diplomas  as 
are  usually  conferred  by  such  colleges. 

SEC.  6.  The  said  board  of  trustees  are  empowered  to  receive  any  donation  of 
property,  real  or  personal,  which  may  be  made  to  the  said  college  of  agriculture 
and  mechanic  arts,  and  shall  have  power  to  invest  or  expend  the  same  for  the 
benefit  of  said  college,  and  shall  have  power  to  accept  on  behalf  of  this  college 
such  proportion  of  the  fund  granted  by  the  Congress  of  the  United  States  to  the 
State  of  North  Carolina  for  industrial  and  agricultural  training  as  is  apportioned 
to  the  colored  race,  in  accordance  with  the  act  or  acts  of  Congress  in  relation 
thereto. 

SEC.  7.  In  addition  to  the  powers  hereinbefore  granted,  the  board  of  trustees 
shall  have  power  to  make  such  rules  and  regulations  with  respect  to  the  admission 
of  pupils  to  the  said  college  for  the  various  Congressional  districts  of  this  State 
as  they  may  deem  equitable  and  right,  having  due  regard  to  the  colored  population 
thereof. 

SEC.  8.  For  the  purpose  of  locating  the  said  college  at  some  convenient  and 
suitable  site  within  the  State,  the  said  board  of  trustees  are  hereby  authorized  to 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  143 

receive  propositions  from  the  various  localities  of  this  State,  and  are  hereby  fully 
empowered  to  accept  any  proposition  which  to  them  may  seem  best  for  the  inter- 
ests of  the  State  and  for  carrying  out  the  purposes  of  this  act  according  to  the 
true  intent  and  meaning  thereof. 

SEC.  9.  Before  the  said  board  of  trustees  shall  finally  accept  a  proposition  from 
any  locality  for  the  establishment  of  the  said  college  thereat  they  shall  receive  a 
deed  in  fee  simple  absolute  to  them  and  their  successors  in  office  for  all  lands, 
buildings,  or  structures  donated  as  a  consideration  for  the  location  of  said  college. 

SEC.  10.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  the  sum  of 
$2,500,  is  hereby  annually  appropriated  to  the  said  college,  and  the  treasurer  of  the 
State  is  hereby  authorized  and  directed  to  pay  the  said  amount  out  of  any  funds 
in  the  treasury  not  otherwise  appropriated  upon  the  warrant  of  the  board  of 
trustees  or  such  other  officer  or  officers  as  the  said  board  may  designate. 

SKC.  11.  Until  the  site  and  buildings  shall  have  been  furnished  for  the  location 
of  the  said  college  the  said  board  of  trustees  shall  have  power  to  make  temporary 
provisions  for  the  industrial  and  mechanical  education  of  the  colored  youth  of  the 
State  at  some  established  institution  of  learning  within  the  State,  under  such  rules 
and  regulations  as  they  may  prescribe. 

SEC.  12.  Until  the  site  and  buildings  shall  have  been  furnished  for  the  location 
of  the  said  college  and  the  buildings  shall  be  completed  the  provisions  which  now 
or  may  be  made  by  the  trustees  of  the  North  Carolina  College  of  Agriculture  and 
Mechanic  Arts  with  any  present  institution  of  learning  in  the  State  shall  continue, 
but  said  trustees  shall  not  have  power  to  make  any  such  arrangement  for  more 
than  one  year  at  a  time;  but  when  said  buildings  shall  have  been  completed  then 
the  board  of  trustees  of  the  Agricultural  and  Mechanical  College  for  the  Colored 
Race  shall  have  all  the  rights,  powers,  and  privileges  of  the  said  board  of  trustees 
of  the  North  Carolina  College  of  Agriculture  and  Mechanic  Arts  over  any  and 
all  funds  which  may  belong  or  appertain  to  the  colored  race. 

SEC.  13.  [Amended  by  chapter  389,  laws  of  1899,  q.  v.]  The  trustees  of  the  said 
"The  Agricultural  and  Mechanical  College  for  the  ColoredRa.ee"  shall  bo  entitled 
to  the  same  per  diem  and  mileage  as  compensation  for  attendance  upon  the  meet- 
ings of  said  board  as  are  now  allowed  by  the  law  to  the  members  of  the  general 
assembly.  (Ratified  March  9,  1891.) 

Public  Laws  and  Resolutions,  1893,  chapter  252:  SECTION  1.  The  sum  of  85,000 
per  year  for  the  years  1893  and  1894  is  hereby  appropriated  from  funds  in  the  pub- 
lic treasury  of  this  State  for  the  purpose  of  completing,  erecting,  and  furnishing 
said  building  for  the  use  of  the  North  Carolina  Agricultural  and  Mechanical 
College  for  the  Colored  Race. 

Ibid.,  1893,  chapter  378:  SECTION  1.  The  sum  of  $10,000  annually  for  the  years 
1893  and  1894  is  hereby  appropriated  for  the  support,  maintenance,  and  extension 
of  the  College  of  Agriculture  and  Mechanic  Arts,  to  be  paid  on  the  1st  day  of 
March  and  September  of  each  year  out  of  the  funds  in  the  treasury. 

Ibid.,  1895,  chapter  145:  SECTION  1.  The  sum  of  $10,000  annually  is  hereby 
appropriated  for  the  support  and  maintenance  of  the  North  Carolina  College  of 
Agriculture  and  Mechanic  Arts,  $5,000  to  be  paid  on  the  1st  day  of  April  and  Sep- 
tember of  each  year  out  of  the  funds  in  the  State  treasury  not  otherwise  appro- 
priated. 

SEC.  2.  The  treasurer  of  the  State  of  North  Carolina  is  hereby  declared,  ex  officio, 
the  treasurer  of  the  board  of  trustees  of  the  said  college. 

Ibid.,  1895,  chapter  203:  SECTION  1.  The  sum  of  $7,500  annually  for  the  years 
1895  and  1896  be  appropriated  for  the  erection  of  additional  buildings,  and  for  the 
further  equipment  of  the  college;  $3,750  to  be  paid  out  of  the  funds  in  the  State 
treasury  not  otherwise  appropriated  on  the  1st  day  of  April  and  September  of 
each  year. 

SEC.  2.  [Makes  State  treasurer  ex  officio  the  college  treasurer.] 

Ibid.,  1895,  chapter  146:  SECTION  1.  The  sum  of  $5,000  is  hereby  annually  appro- 
priated for  the  support,  maintenance,  equipment,  enlargement,  and  extension  of 
the  North  Carolina  Agricultural  and  Mechanical  College  for  the  Colored  Race,  to 
be  paid  on  the  1st  days  of  April  and  October  of  each  year,  out  of  funds  in  the 
treasury  not  otherwise  appropriated. 

Ibid.,  1895,  chapter  374  [amended  by  chapter  328,  laws  of  1897,  q.  v.]:  SECTION  1. 
The  department  of  agriculture  shall  be  under  the  control  and  supervision  of  a 
board  which  shall  be  composed  of  the  president  of  the  North  Carolina  State 
Farmers'  Alliance  and  of  one  member  elected  by  the  general  assembly  from  each 
Congressional  district,  and  five  additional  members  to  be  hereafter  elected  by  the 
general  assembly  for  the  State  at  large.  The  members  elected  for  the  Congres- 
sional districts  shall  hold  their  terms  for  two  years.  So  much  of  the  code  as  eon- 


144  EDUCATION   BEPOBT,  1903. 

stitutes  the  governor,  the  master  of  the  State  grange,  the  president  of  the  State 
Agricultural  Society,  and  the  president  of  the  agricultural  college  the  board  is 
hereby  repealed ,  and  so  much  of  said  section  or  of  any  other  law  as  is  inconsistent 
with  this  act  is  also  repealed. 

SEC.  2.  The  management  and  control  of  the  North  Carolina  College  of  Agricul- 
ture and  Mechanic  Arts  and  the  care  and  preservation  of  all  its  property  shall 
reside  with  and  be  vested  in  the  board  of  agriculture,  and  so  much  of  section  3  of 
chapter  410,  laws  of  1887,  as  provides  for  a  board  of  trustees,  consisting  in  part  of 
five  persons  appointed  by  the  governor,  is  hereby  repealed,  and  the  board  of  trus- 
tees mentioned  in  said  section  3  and  the  offices  of  trustees  thereby  created  are 
hereby  abolished;  and  so  much  of  said  act  hereinbefore  cited  as  may  be  incon- 
sistent with  this  act  is  hereby  repealed,  and  all  laws  and  clauses  of  laws  inconsist- 
ent with  this  act  are  hereby  repealed. 

SEC.  3.  The  board  of  agriculture  shall  have  all  the  powers  and  perform  all  the 
duties  heretofore  exercised  or  required  of  the  board  of  trustees  of  the  North 
Carolina  College  of  Agriculture  and  Mechanic  Arts. 

Ibid. ,  1897,  chapter  828  [amended  by  chapter  370,  laws  of  1899,  q.  v.J :  SECTION  1. 
From  and  after  the  ratification  of  this  act  the  North  Carolina  College  of  Agricul- 
ture and  Mechanic  Arts  shall  be  controlled  and  managed  by  a  board  of  trustees 
entirely  separate  and  distinct  from  the  department  of  agriculture,  together  with 
the  care  and  preservation  of  all  its  property. 

SEC.  2.  The  board  of  trustees  shall  consist  of  fifteen  persons,  of  whom  the  presi- 
dent of  the  college  shall  be  ex  ofiicio  one;  the  other  fourteen  shall  be  divided  into 
three  classes,  to  be  confirmed  by  the  senate,  and  their  terms  shall  be  four  for  two 
years,  five  for  four  years, --and  five  for  six  years.  The  governor  shall  nominate 
these  trustees  to  the  senate,  and  shall  state  the  term  of  each  in  the  nomination. 
The  governor  shall  select  one  trustee  from  each  Congressional  district  and  the 
other  five  from  the  State  at  large. 

SEC.  3.  All  vacancies  occurring  under  this  act  shall  be  filled  by  the  appointment 
of  the  governor  and  confirmed  by  the  senate  if  that  body  is  in  session  at  the  time 
of  the  filling  of  the  vacancy;  if  the  senate  is  not  in  session  when  the  vacancy  is  to 
be  filled,  the  governor  shall  appoint,  and  the  appointee  shall  hold  until  his  suc- 
cessor is  confirmed  by  the  senate;  and  if  the  senate  shall  fail  to  confirm  any  nomina- 
tion, the  governor,  within  ten  days  after  the  adjournment  of  the  senate,  shall  fill 
the  vacancy. 

SEC.  4.  All  powers  heretofore  vested  in  a  board  of  trustees  under  chapter  410, 
laws  of  1887,  and  chapter  348,  laws  of  1891,  and  the  act  of  this  general  assembly  to 
which  this  is  supplemental,  and  all  other  laws  not  specially  mentioned  herein  which 
are  not  inconsistent  nor  in  conflict  with  this  act,  are  hereby  vested  in  the  board  of 
trustees  created  by  this  act. 

SEC.  5.  Immediately  upon  the  ratification  of  this  act  the  secretary  of  state  shall 
furnish  to  the  governor  a  certified  copy  thereof,  and  immediately  upon  confirma- 
tion by  the  senate  the  secretary  of  state  shall  notify  each  trustee  of  his  appoint- 
ment, and  the  trustees  shall  assemble  at  the  college  on  Tuesday,  the  9th  day  of 
March  next,  and  shall  proceed  to  organize  under  this  act  and  enter  upon  the  dis- 
charge of  their  duties  by  electing  a  president  of  the  board  and  such  other  officers 
as  the  board  may  deem  for  the  best  interests  of  the  college.  The  number  and 
time  of  the  meetings  of  the  board  shall  be  fixed  by  the  board,  and  the  trustees 
shall  not  receive  any  pay  or  per  diem,  but  only  their  traveling  expenses,  and  that 
only  for  four  times  in  each  year. 

SEC.  6.  It  is  not  the  intention  of  the  general  assembly  that  the  trustees  herein 
provided  for  shall  be  officers  within  the  meaning  of  section  7  of  Article  XIV  of  the 
constitution,  and  they  are  declared  to  be  special  trustees  for  the  special  purposes 
of  this  act. 

SEC.  7.  This  act  is  supplemental  to  an  act  heretofore  enacted  by  this  general 
assembly,  entitled  "  An  act  concerning  the  department  of  agriculture  and  the  col- 
lege of  agriculture  and  mechanic  arts,"  and  must  be  construed  in  connection  with 
that  act.  [No  act  was  passed  having  this  title.  It  is  evident  that  chapter  374  of 
the  laws  of  1895  is  referred  to,  but  the  title  of  that  is,  "An  act  to  reduce  the 
expenses  of  the  department  of  agriculture  and  to  place  the  control  of  the  North 
Carolina  College  of  Agriculture  and  Mechanic  Arts  with  the  board  of  agriculture. ' '  1 

Ibid.,  1897,  chapter  486*  SECTION  1.  The  sum  of  $5,000  is  hereby  appropriated 
for  the  maintenance  and  equipment  of  the  Agricultural  and  Mechanical  College 
for  the  Colored  Race  for  each  of  the  years  1897  and  1898,  to  be  in  installments  of 
$2,500  on  the  1st  days  of  April  and  October  of  each  year  1897  and  1898. 

Ibid.,  1897,  chapter  535.  [Appropriates  to  the  North  Carolina  College  of  Agri- 
culture and  Mechanic  Arts  $5,000  for  a  new  boiler  and  to  erect  a  hospital.] 


LAWS   RELATING   TO    LAND-GRANT    COLLEGES.  145 

Ibid.,  1899,  chapter  370:  SECTION  1.  Chapter  308  of  the  public  laws  of  1885,  chap- 
ter 410  of  the  public  laws  of  1887,  chapter  106  of  the  public  laws  of  1889,  chapter 
348  of  the  public  laws  of  1891,  chapter  85  of  the  public  laws  of  1897,  and  chapter 
328  of  the  public  laws  of  1897,  and  all  laws  repealed  and  amended  thereby,  are 
hereby  repealed  and  amended  in  so  far  as  they  relate  to  and  affect  the  agricultural 
and  mechanical  college  so  as  to  read  as  follows:  The  North  Carolina  College  of 
"Agriculture  and  Mechanic  Arts  "  shall  be  known  and  designated  by  the  name  of 
the  ''North  Carolina  College  of  Agriculture  and  Mechanic  Arts,"  and  shall  be  a 
body  politic  and  corporate,  with  right  to  hold  personal  property  and  real  estate 
for  the  benefit  of  said  college. 

SEC.  2.  The  leading  objects  of  this  college  shall  be  to  teach  the  branches  of  learn- 
ing relating  to  agricultural  and  mechanical  arts  and  such  other  scientific  and 
classical  studies  as  the  board  of  trustees  may  elect  to  have  taught,  and  to  promote 
the  liberal  and  practical  education  of  the  industrial  classes  in  the  several  pursuits 
and  professions  of  life. 

SEC.  3.  [Repealed  by  chapter  650,  laws  of  1901,  q.  v.]  The  management  and  con- 
trol of  the  said  college  and  the  care  and  preservation  of  its  property  shall  be  vested 
in  a  board  of  trustees  consisting  of  21  persons,  and  in  addition  thereto  the  presi- 
dent of  said  college  shall  be  an  ex  officio  member  of  said  board.  The  said  board 
of  21  shall  be  elected  as  follows:  One  from  each  Congressional  district  in  the  State, 
each  of  whom  shall  be  a  skilled  and  practical  agriculturist,  and  12  from  the  State 
at  large,  who  shall  be  persons  interested  in  agricultural,  mechanical,  and  indus- 
trial education.  The  trustees  elected  at  this  session  of  the  general  assembly  shall 
hold  office  for  two  years,  and  there  shall  be  elected  at  the  next  session  of  the  gen- 
eral assembly  7  trustees  who  shall  hold  office  for  two  years,  7  trustees  who  shall 
hold  office  for  four  years,  and  7  trustees  who  shall  hold  office  for  six  years,  and 
that  at  the  present  general  assembly  there  shall  be  elected  such  a  number  of  trus- 
tees as  with  the  present  members  thereof  shall  make  said  board  composed  of  21 
persons. 

SEC.  4.  It  shall  be  the  duty  of  the  board  of  trustees  to  appoint  the  president  and 
instructors  of  the  said  college  and  all  other  such  officers  and  servants  as  to  them 
may  seem  necessary.  They  shall  have  charge  of  the  disbursement  of  its  funds  and 
shall  have  full  supervision  and  control,  and  shall  be  charged  with  the  maintenance 
of  the  college.  The  State  treasurer  shall  be  ex  officio  treasurer  of  said  board  of 
trustees.  The  president  and  instructors,  under  the  direction  and  supervision  of 
the  trustees,  shall  have  power  to  confer  such  certificates  of  proficiency  or  marks 
of  merit  as  may  be  deemed  proper. 

SEC.  5.  The  board  of  trustees  shall  own  and  hold  the  certificates  of  indebted- 
ness amounting  to  $12.">,oOi)  issued  for  the  principal  of  the  land-scrip  fund,  and  the 
interest  thereon  shall  be  paid  to  them  by  the  State  treasurer  semiannually  on  the 
1st  day  of  July  and  January  in  each  year  for  the  purpose  of  aiding  in  the  sup- 
port of  said  college  in  accordance  with  the  act  of  Congress  approved  July  2, 1862, 
entitled  "An  act  donating  public  lands  to  the  several  States  and  Territories  which 
may  provide  colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts." 

SEC.  6.  The  agricultural  experiment  and  control  station  shall  be  connected  with 
the  said  college  and  controlled  by  the  board  of  trustees  thereof.  The  said  board 
of  trustees  shall  have  power  to  accept  and  receive  on  the  part  of  the  State  property, 
personal,  real,  or  mixed,  and  any  donations  from  the  United  States  Congress  to  the 
several  States  and  Territories  for  the  benefit  of  agricultural  experiment  stations  or 
the  agricultural  and  mechanical  colleges  in  connection  therewith,  and  they  shall 
expend  the  amount  so  received  in  accordance  with  the  acts  of  Congress  in  relation 
thereto. 

SEC.  7.  The  board  of  trustees  shall  admit  to  the  benefits  of  the  said  college  free 
of  any  charge  for  tuition,  upon  proper  evidence  of  good  moral  character  and  of 
their  inability  and  the  inability  of  their  parents  or  guardians  to  pay  their  tuitions 
and  of  their  capacity  to  receive  instruction,  a  certain  number  of  youths,  to  be  de- 
termined by  them,  not  to  be  less  than  120,  and  shall  apportion  the  same  to  the 
different  counties  applying  according  to  their  relative  number  of  members  in  the 
house  of  representatives  of  North  Carolina,  and  it  shall  ba  the  duty  of  the  super- 
intendent of  instruction  in  each  county  on  the  days  fixed  by  law  for  the  examina- 
tion of  teachers  of  the  public  schools*  also  to  examine  candidates  for  county  stu- 
dents to  the  said  college,  blanks  for  such  purpose  to  be  furnished  annually  by 
the  president  of  the  college  to  the  superintendents  in  each  county. 

SEC.  8.  The  appropriations  made  or  which  may  hereafter  be  made  by  Congress 
for  the  benefit  of  colleges  of  agricultural  and  mechanical  arts  shall  "be  divided 

ED  1903 10 


146  EDUCATION   RE  POET,   1903. 

between  the  white  and  colored  institutions  in  this  State  in  the  ratio  of  the  white 
population  to  the  colored. 

SEC.  9.  Any  person  who  shall  sell  spirituous  or  intoxicating  liquors  within  three- 
fourths  of  a  mile  of  any  of  the  buildings  of  said  college  shall  be  guilty  of  a  misde- 
meanor. 

SEC.  10.  The  board  of  trustees  shall  meet  in  the  city  of  Raleigh  on  the  second 
Monday  in  March,  1899,  and  elect  of  their  number  a  president  and  an  executive 
committee  of  three,  one  of  whom  shall  be  the  president  of  the  board  of  trustees,  and 
it  shall  be  tho  duty  of  the  executive  committee  to  meet  at  the  call  of  the  president 
and  perform  such  duties  as  may  be  assigned  to  them  by  the  board  of  trustees. 
The  board  of  trustees  shall  thereafter  meet  annually  at  such  time  as  they  may 
agree  upon.  The  members  of  the  board  shall  receive  their  mileage  and  hotel  fare 
while  attending  upon  the  meetings  of  the  board,  but  no  members  of  the  board  of 
trustees  except  the  executive  committee  shall  be  allowed  their  expenses  for  more 
than  five  meetings  in  any  one  year.  (Ratified  March  3,  1899.) 

Ibid.,  1899,  chapter  389:  SECTION  1.  Section  4,  chapter  549,  public  laws  of  1891, 
is  amended  as  follows:  There  shall  be  elected  by  this  general  assembly  6  additional 
trustees  [of  the  Agricultural  and  Mechanical  College  for  the  Colored  Race]  in 
addition  to  those  provided  for  in  the  said  chapter,  two  of  whom  shall  be  elected 
for  a  term  of  two  years,  two  for  four  years,  and  two  for  six  years. 

Ssc.  2.  Section  13  of  said  chapter  549  is  amended  to  read  as  follows:  The  num- 
ber and  times  of  the  meeting  of  the  board  shall  be  fixed  by  the  board,  and  the 
trustees  shall  not  receive  any  pay  or  per  diem,  but  only  their  traveling  expenses 
and  hotel  fare,  and  that  only  for  four  times  in  each  year. 

SEC.  3.  The  board  of  trustees  shall  have  power  to  elect  an  executive  board  of 
three  of  their  own  number,  who  shall  have  the  immediate  management  of  the 
said  institution  when  the  full  board  is  not  in  session.  (Ratified  March  4, 1899. ) 

Ibid.,  1899,  chapter  591:  SECTION  1.  The  trustees  [of  the  Agricultural  and 
Mechanical  College  for  the  Colored  Race]  provided  for  in  chapter  549  of  the  pub- 
lic laws  of  1891,  together  with  those  elected  under  chapter  389  of  the  public  laws 
of  1899,  shall  meet  in  the  college  in  Greensboro  on  Wednesday,  March  22,  1899, 
and  elect  a  chairman  and  executive  committee  of  said  board  and  discharge  such 
other  duties  as  they  may  see  proper  and  which  pertain  to  their  office.  (Ratified 
March?,  1899.) 

Ibid.,  1899,  chapter  704:  [SECTION  1.]  A.  Q.  Holliday,  W.  O.  Riddick.  and  J.  R. 
Rogers  are  hereby  appointed  and  constituted  a  commission  and  are  hereby  author- 
ized, directed,  and  empowered  to  have  constructed  a  sewer  from  the  college  of 
agriculture  and  mechanic  arts  to  and  connecting  with  the  sewer  system  of  the 
city  of  Raleigh.  The  said  commission  is  hereby  given  full  power  to  lay  off  and 
have  constructed  the  said  sewer  in  such  manner  as  they  may  deem  proper,  and  it 
is  empowered  to  contract  with  adjacent  residents  and  allow  them  to  connect  with 
the  sewer  upon  payment  of  a  proper  sum  for  said  privilege. 

SEC.  2.  The  expense  of  building  said  sewer  shall  be  defrayed  by  the  college  of 
agriculture  and  mechanic  arts  if  it  has  money  available  for  that  purpose,  and  if 
there  be  no  funds  so  available  the  State  treasurer  is  hereby  empowered  to  advance 
the  sum  of  $2,500  out  of  any  money  in  the  treasury  not  otherwise  appropriated, 
and  the  money  so  advanced  shall  be  considered  a  loan  to  the  said  college  and  a 
charge  on  its  revenues,  and  shall  be  retained  by  the  treasurer  out  of  the  amount 
appropriated  for  the  year  1900. 

SEC.  3.  The  treasurer  of  the  State  will  pay  over  said  money  upon  the  warrant 
of  the  auditor,  upon  proof  that  the  said  sewer  has  been  let  out  to  a  responsible 
bidder,  to  be  completed  at  a  cost  to  the  college  of  not  exceeding  the  sum  advanced 
by  the  State.  (Ratified  March  8,  1899. ) 

Ibid.,  1901.  chapter  424:  SECTION  1.  There  shall  be  appointed  by  the  governor, 
on  or  before  August  15,  1902,  and  every  two  years  thereafter,  a  board  of  exam- 
iners consisting  of  three  members;  one  member  of  this  board  shall  be  of  the  party 
different  from  the  party  in  power:  Provided,  That  no  member  of  the  said  board 
shall  be  connected  directly  or  indirectly  with  any  State  institution.  Before  enter- 
ing upon  the  discharge  of  their  duties  said  commissioners  shall  take  and  subscribe 
an  oath  faithfully  to  do  and  perform  the  duties  and  true  report  to  make  thereon. 

SEC.  2.  It  shall  be  the  duty  of  said  board  of  examiners,  between  August  15, 
1902,  and  November  15, 1902,  and  every  two  years  thereafter,  to  visit  all  State  insti- 
tutions, including  institutions  supported  in  part  by  the  State,  and  to  carefully  and 
thoroughly  examine  the  same,  and  on  or  before  November  15, 1902,  and  every  two 
years  thereafter,  make  report  to  the  governor,  showing  the  condition,  efficiency, 
and  needs  of  each  of  said  institutions,  together  with  their  recommendations  as  to 
the  amount  the  general  assembly  should  appropriate  for  each  of  said  institutions, 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  147 

and  the  object  for  which  said  appropriations  should  be  made.  And  said  board  of 
examiners  shall  thoroughly  examine  the  books,  vouchers,  etc.,  of  said  institutions 
and  report  such  expenditures,  if  any,  as  in  their  opinion  were  unnecessary. 

SEC.  3.  Said  board  of  examiners  is  hereby  authorized  and  empowered  to  sum- 
mon any  employee  of  said  institutions  or  other  person  before  it  to  testify  under 
oath  as  to  any  matter  pertaining  to  said  institutions,  and  for  said  purpose  they 
are  hereby  authorized  to  administer  oaths. 

SEC.  4.  On  or  before  December  1, 1903,  and  every  two  years  thereafter,  the  gov- 
ernor shall  cause  said  report  to  be  printed  and  a  copy  thereof  mailed  to  members- 
elect  of  the  general  assembly. 

SEC.  5.  This  board  of  examiners  shall  make  their  said  visits  for  the  purposes  set 
forth  in  this  act  without  having  in  any  manner  given  notice  of  the  time  thereof 
to  the  officials  of  said  institutions. 

SEC.  6.  No  member  of  the  board  of  examiners  as  provided  for  in  this  act  shall 
be  a  member  of  the  general  assembly  to  which  said  board  makes  its  report. 

SEC.  7.  No  committee  appointed  by  the  general  assembly  shall  visit  said  State 
institutions,  except  by  special  order  of  the  general  assembly. 

SEC.  8.  The  governor  is  hereby  authorized,  in  addition  to  the  provisions  above 
set  forth,  to  send  said  board  of  examiners  to  visit  and  inspect  any  of  said  institu- 
tions at  any  time  he  may  deem  it  necessary. 

SEC.  9.  Said  board  of  examiners  shall  receive  for  their  services  each  $4  per  day, 
together  with  traveling  and  other  actual  expenses  while  engaged  in  examining 
and  making  reports  on  said  institutions.  (Ratified  March  7,  1901.) 

Ibid.,  1901,  chapter  650:  SECTION  1.  Section  3  of  chapter  370  of  the  public  laws 
of  1899  is  hereby  repealed,  and  the  management  and  control  of  the  North  Carolina 
College  of  Agriculture  and  Mechanic  Arts  shall  be  vested  in  the  board  of  agri- 
culture, and  the  said  board  shall  have  and  exercise  all  the  powers  and  be  subject 
to  all  the  duties  granted  to  and  imposed  upon  the  board  of  trustees  of  the  said 
college  in  said  act.  [The  board  of  agriculture  consists  of  one  member  from  each 
Congressional  district  of  the  State,  appointed  by  the  governor  and  confirmed  by 
the  senate  for  terms  of  six  years.  (Laws  of  1901,  chapter  479.)] 

SEC.  2.  The  board  of  agriculture  shall  use  for  the  purpose  of  said  college  and 
for  the  benefit  of  education  in  agriculture  and  mechanic  arts,  as  well  as  in  further- 
ance of  the  powers  and  duties  conferred  upon  said  board  by  existing  laws,  any 
funds,  buildings,  lands,  laboratories,  and  other  property  which  may  be  in  their 
possession,  as  in  their  judgment  shall  be  thought  proper. 

SEC.  3.  It  shall  be  the  duty  of  the  governor  to  appoint  a  board  of  visitors,  to 
consist  of  eleven  members,  besides  the  commissioner  of  agriculture  and  the  presi- 
dent of  the  college,  who  shall  be  ex  oflficio  members  of  the  board,  whose  duty  it 
shall  be  to  meet  at  least  once  in  each  year,  and  not  more  than  twice,  in  the  city  of 
Raleigh,  to  visit  and  inspect  the  College  of  Agriculture  and  Mechanic  Arts 
and  make  such  recommendations  to  the  board  of  agriculture  for  the  conduct  of 
said  college  as  they  may  deem  wise  and  beneficial.  This  board  of  visitors  shall 
elect  a  chairman,  and  shall  meet  at  such  time,  within  the  limits  herein  prescribed, 
as  said  chairman  shall  designate.  They  shall  serve  without  compensation,  but 
their  actual  expenses  of  traveling  to  and  from  home  and  their  board  shall  be  paid. 
The  terms  of  service  of  four  of  these  visitors  shall  be  two  years,  of  four  others 
four  years,  and  of  the  remaining  three  six  years,  and  successors  of  these  visitors, 
respectively,  shall  be  appointed  by  the  governor  at  the  expiration  of  their  term  for 
a  term  of  six  years.  (Ratified  March  13,  1901. ) 

Ibid. ,  1901 ,  chapter  737:  SEC.  6.  [Appropriates  to  North  Carolina  College  of  Agri- 
culture and  Mechanic  Arts,  in  addition  to  its  standing  appropriation,' '$17, 488.26 
to  pay  indebtedness  contracted  by  a  former  administration  and  $3,033.36  additional 
to  pay  indebtedness  incurred  by  present  administration."  Also  "  $10,000  for  each 
of  the  years  1901  and  1902  for  the  erection  and  equipment  of  a  building  for  a  tex- 
tile department."] 

SEC.  7.  [Appropriates  $5,000  "  to  the  Colored  Agricultural  and  Mechanical  Col- 
lege of  Greensboro  for  each  of  the  years  1901  and  1902  in  addition  to  its  standing 
appropriation.  This  appropriation  shall  not  be  paid  if  the  State  board  of  educa- 
tion shall  transfer  to  said  school  an  equal  amount  of  the  appropriations  for  the 
colored  normal  schools  of  the  State."] 

Ibid.,  1901,  chapter  751:  SECTION  1.  All  acts  of  the  general  assembly  appropri- 
ating money  shall  state  specifically  the  purposes  for  which  such  money  is 
appropriated. 

SEC.  2.  No  president,  superintendent,  board  of  managers,  directors,  nor  other 
executive  head  of  any  State  institution,  supported  wholly  or  in  part  by  the  State, 


148  EDUCATION   EEPOET,   1903. 

shall  purchase  any  real  estate,  or  construct  or  enlarge  any  building,  or  contract 
any  debt  on  behalf  of  the  State  without  positive  and  specific  authority  given  by 
the  general  assembly,  except  as  hereinafter  directed. 

SEC.  3.  In  cases  of  extreme  emergency  or  dire  necessity  the  executive  head  of 
any  such  institution  shall,  upon  the  recommendation  of  the  governor  and  his 
council,  have  authority,  upon  the  credit  of  the  State,  to  make  such  expenditures 
as  may  be  actually  necessary  to  provide  against  any  such  emergency  or  necessity. 

SEC.  4.  Whenever  any  money  appropriated  by  the  general  assembly  is  expended 
contrary  to  the  provisions  of  this  act,  the  superintendent,  members  of  the  board 
of  directors  or  managers  or  executive  head  directing,  or  consenting  to,  such 
expenditure  shall  be  liable  to  the  State  thereof  [therefor] ,  and  it  shall  be  the  duty 
of  the  attorney-general  to  forthwith  institute  an  action  in  the  superior  court  of 
Wake  County,  in  the  name  of  the  State,  against  such  superintendent,  executive 
head,  members  of  the  board  of  managers  or  directors,  to  recover  the  money  so 
expended  for  the  use  of  the  State.  (Ratified  March  15,  1901.) 


NORTH  DAKOTA. 

Constitution  (1889),  article  8:  SEC.  147.  A  high  degree  of  intelligence,  patriot- 
ism, integrity,  and  morality  on  the  part  of  every  voter  in  a  government  by  the 
people  being  necessary  in  order  to  insure  the  continuance  of  that  government  and 
the  prosperity  and  happiness  of  the  people,  the  legislative  assembly  shall  make 
provision  for  the  establishment  and  maintenance  of  a  system  of  public  schools 
which  shall  be  open  to  all  children  of  the  State  of  North  Dakota  and  free  from 
sectarian  control.  This  legislative  requirement  shall  be  irrevocable  without  the 
consent  of  the  United  States  and  the  people  of  North  Dakota. 

SEC.  148.  The  legislative  assembly  shall  provide,  at  its  first  session  after  the 
adoption  of  this  constitution,  for  a  uniform  system  of  free  public  schools  through- 
out the  State,  beginning  with  the  primary  and  extending  through  all  grades  up 
to  and  including  the  normal  and  collegiate  course. 

SEC.  149.  In  all  schools  instruction  shall  be  given,  as  far  as  practicable,  in  those 
branches  of  knowledge  that  tend  to  impress  upon  the  mind  the  vital  importance 
of  truthfulness,  temperance,  purity,  public  spirit,  and  respect  for  honest  labor  of 
every  kind. 

SEC.  151.  The  legislative  assembly  shall  take  such  other  steps  as  may  be  neces- 
sary to  prevent  illiteracy,  sectire  a  reasonable  degree  of  uniformity  in  course  of 
study,  and  to  promote  industrial,  scientific,  and  agricultural  improvements. 

SEC.  152.  All  colleges,  universities,  and  other  educational  institutions  for  the 
support  of  which  lands  have  been  granted  to  this  State,  or  which  are  supported 
by  a  public  tax,  shall  remain  under  the  absolute  and  exclusive  control  of  the 
State.  No  money  raised  for  the  support  of  the  public  schools  of  the  State  shall 
be  appropriated  to  or  used  for  the  support  of  any  sectarian  school. 

Article  9:  SEC.  159.  All  land,  money,  or  other  property  donated,  granted,  or 
received  from  the  United  States  or  any  other  source  for  *  *  *  agricultural 
college,  *  *  *  and  the  proceeds  of  all  such  lands  and  other  property  so 
received  from  any  source,  shall  be  and  remain  perpetual  funds,  the  interest  and 
income  of  which,  together  with  the  rents  of  all  such  lands  as  may  remain  unsold, 
shall  be  inviolably  appropriated  and  applied  to  the  specific  objects  of  the  original 
grants  or  gifts.  The  principal  of  every  such  fund  may  be  increased,  but  shall 
never  be  diminished,  and  the  interest  and  income  only  shall  be  used.  Every  such 
fund  shall  be  deemed  a  trust  fund  held  by  the  State,  and  the  State  shall  make 
good  all  losses  thereof. 

SEC.  162.  The  moneys  of  the  permanent  school  fund  and  other  educational 
funds  shall  be  invested  only  in  bonds  of  school  corporations  within  the  State, 
bonds  of  the  United  States,  bonds  of  the  State  of  North  Dakota,  or  in  first  mort- 
gages on  farm  lands  in  the  State,  not  exceeding  in  amount  one-third  of  the  actual 
value  of  any  subdivision  on  which  the  same  may  be  loaned,  such  value  to  be 
determined  by  the  board  of  appraisers  of  school  lands. 

Laws,  1890,  chapter  160:  SECTION  1.  There  is  hereby  established  and  located  at 
Fargo,  Cass  County,  N.  Dak.,  an  agricultural  college,  which  shall  be  known  by 
the  name  of  the  North  Dakota  Agricultural  College. 

SEC.  2.  The  government  and  management  of  the  North  Dakota  Agricultural 
College  is  hereby  invested  in  a  board  of  directors  to  be  known  as  the  Agricultural 
College  Board  of  Directors. 

SEC.  3  [as  amended  by  Laws,  1891,  chap.  5,  sec.  1].  The  board  of  directors  shall 
consist  of  seven  members.  The  first  board  shall  be  appointed  as  hereinafter  pro- 
vided ,  and  their  term  of  office  shall  expire  when  their  successors  have  been  appointed 
and  qualified,  during  the  session  of  the  legislative  assembly  in  1891.  During  the 


LAWS    KELATING    TO    LAND-GKANT    COLLEGES.  149 

session  of  the  legislative  assembly  in  the  year  1891,  and  before  the  third  Monday 
in  February  of  said  year,  the  governor  shall  nominate  and,  by  and  with  the  consent 
and  advice  of  the  senate,  appoint  a  full  board  of  directors,  three  of  whom  shall  be 
appointed  for  the  term  of  two  years  and  four  of  whom  shall  be  appointed  for  the 
term  of  four  years.  Thereafter  and  at  each  biennial  session  of  the  legislative  assem- 
bly, and  on  or  before  the  third  Monday  in  February  during  each  session,  there  shall 
be  nominated  by  the  governor  and,  by  and  with  the  advice  and  consent  of  the  sen- 
ate, appointed  for  the  term  of  four  years  directors  to  fill  vacancies  occurring  by 
the  expiration  of  the  term  of  office  of  those  previously  appointed.  The  governor 
shall  have  power  to  fill  all  vacancies  in  said  board  which  occur  when  the  legisla- 
tive assembly  is  not  in  session,  and  the  members  of  said  board  shall  hold  their 
office  until  their  successors  are  appointed  and  qualified  as  provided  by  this  act: 
Provided  further,  That  in  all  cases  where  the  governor  has  made  an  appoint- 
ment to  fill  a  vacancy  when  the  legislative  assembly  is  not  in  session,  the  term 
of  office  of  the  director  or  directors  so  appointed  shall  expire  at  the  next  session  of 
the  legislative  assembly. 

SEC.  4.  The  governor  shall  cause  to  be  issued  to  each  of  said  directors  a  commis- 
sion, which  shall  be  under  the  seal  of  the  State.  At  the  first  meeting  of  said  board 
the  members  thereof  shall  take  and  subscribe  the  oath  of  office  required  of  all  civil 
officers  of  the  State,  and  shall  then  proceed  to  elect  a  president,  secretary,  and 
treasurer,  but  the  treasurer  shall  not  be  a  member  of  the  board  of  directors.  A 
majority  of  said  board  shall  be  a  quorum  for  the  transaction  of  business.  The 
board  shall  require  a  bond  of  its  treasurer  and  fix  the  amount  thereof. 

SEC.  5  [as  amended  by  Laws,  1901,  chap.  5,  sec.  2].  The  board  of  directors  shall 
hold  its  meetings  at  the  city  of  Fargo  and  fix  the  time  of  holding  the  same,  pro- 
viding there  [these]  shall  not  exceed  six  regular  meetings  in  each  year.  The 
members  of  the  board  shall  receive  as  compensation  for  their  services  $3  per  day 
for  each  day  employed  and  5  cents  per  mile  for  each  mile  actually  and  necessarily 
traveled  in  attending  meetings  of  said  board,  which  sum  shall  be  paid  out  of  the 
State  treasury  upon  vouchers  of  said  board  duly  certified  by  the  president  and 
secretary  thereof:  7Vor/fW,  however,  That  the  president  of  said  board  shall  have 
power  to  call  special  meetings  whenever  in  his  judgment  it  becomes  necessary. 

SEC.  6.  The  said  board  of  directors  shall  direct  the  disposition  of  all  moneys 
appropriated  by  the  If  gislative  assembly  of  the  State  of  North  Dakota,  or  by  the 
Congress  of  the  United  States,  or  that  may  be  derived  from  the  sale  of  the  lands 
donated  by  Congress  t •>  said  State  for  said  college,  or  that  may  be  donated  to  or 
come  from  any  source  to  said  State  for  the  agricultural  college  or  experiment  sta- 
tion for  North  Dakota,  subject  to  all  restrictions  imposed  upon  such  respective 
funds,  either  by  the  constitution  or  laws  of  the  State  of  North  Dakota  or  the  terms 
of  such  grants  from  Congress,  and  shall  have  supervision  and  charge  of  the  con- 
struction of  all  buildings  provided  for  or  authorized  by  law  for  said  college  and 
station.  The  board  of  directors  shall  have  power  to  employ  a  president  and  nec- 
essary teachers,  instructors,  and  assistants  to  conduct  said  school  and  carry  on  the 
experiment  station  connected  therewith,  and  to  appoint  one  of  its  members  super- 
intendent of  construction  of  all  buildings,  who  shall  receive  $3  per  day  for  each 
day  actually  and  necessarily  engaged  in  the  discharge  of  his  duties,  not  to  exceed 
fifty  days  in  any  one  year,  which  sum  shall  be  paid  out  of  the  State  treasury  upon 
the  vouchers  of  the  said  board. 

Si.c.  7.  The  said  board  shall  audit  all  accounts  against  the  funds  appropriated 
by  the  legislative  assembly  of  the  State  of  North  Dakota  or  held  by  the  State  for 
the  use  of  the  agricultural  college  and  experiment  station,  and  the  State  auditor 
shall  issue  his  warrant  upon  the  State  treasurer  for  the  amount  of  all  accounts 
which  shall  have  been  so  audited  and  allowed  by  the  board  of  directors  and 
attested  by  the  president  and  secretary  of  the  same. 

SEC.  8.  The  design  of  the  institution  is  to  afford  practical  instruction  in  agricul- 
ture and  the  natural  sciences  connected  therewith,  and  also  the  sciences  which 
bear  directly  upon  all  industrial  arts  and  pursuits.  The  course  of  instruction 
shall  embrace  the  English  language  and  literature,  mathematics,  military  tactics, 
civil  engineering,  agricultural  chemistry,  animal  and  vegetable  anatomy  and 
physiology,  the  veterinary  art,  entomology,  geology,  and  such  other  natural  sci- 
ences as  may  be  prescribed,  political  and  rural  and  household  economy,  horticul- 
ture, moral  philosophy,  history,  bookkeeping,  and  especially  the  application  of 
science  and  the  mechanic  arts  to  practical  agriculture  in  the  field.  A  full  course 
of  study  in  the  institution  shall  embrace  not  less  than  four  years,  and  the  college 
year  shall  consist  of  not  less  than  nine  calendar  months,  which  may  be  divided 
into  terms  by  the  board  of  directors  as  in  their  judgment  will  best  secure  the 
objects  for  which  the  college  was  founded. 

SEC.  9.  The  board  of  directors  shall  fix  the  salaries  of  the  president,  teachers, 


150  EDUCATION   KEPOKT,  1903. 

instructors,  and  other  employees,  and  prescribe  their  respective  duties.  They  shall 
also  fix  the  rate  of  wages  to  be  allowed  to  students  for  labor  on  the  farm  and 
experiment  station  or  in  the  shops  or  kitchen  of  the  college.  The  board  may 
remove  the  president  or  subordinate  officers  and  supply  all  vacancies. 

SEC.  10.  The  faculty  shall  consist  of  the  president,  teachers,  and  instructors,  and 
shall  pass  all  needful  rules  and  regulations  for  the  government  and  discipline  of 
the  college,  regulating  the  routine  of  labor,  study,  meals,  and  the  duties  and  exer- 
cises, and  all  such  rules  and  regulations  as  are  necessary  to  the  preservation  of 
morals,  decorum,  and  health. 

SEC.  11.  The  president  shall  be  the  chief  executive  officer  of  the  agricultural 
college,  and  it  shall  be  his  duty  to  see  that  all  rules  and  regulations  are  executed, 
and  the  subordinate  officers  and  employees  not  members  of  the  faculty  shall  be 
under  his  direction  and  supervision. 

SEC.  12.  The  faculty  shall  make  an  annual  report  to  the  board  of  directors  on 
or  before  the  first  Monday  in  November  of  each  year,  showing  the  condition  of 
the  school,  experiment  station,  and  farm,  and  the  results  of  farm  experiments,  and 
containing  such  recommendations  as  the  welfare  of  the  institution  in  their  opinion 
demands. 

SEC.  13.  The  board  of  directors  shall,  annually,  on  or  before  the  1st  day  of  Feb- 
ruary in  each  year  make  to  the  governor  a  full  and  detailed  report  of  the  opera- 
tions of  the  experimental  station  hereby  established,  including  a  statement  of  the 
receipts  and  expenditures,  a  copy  of  which  report  shall  be  sent  by  the  governor  to 
the  Commissioner  of  Agriculture  and  the  Secretary  of  the  Treasury  of  the  United 
States,  and  said  board  of  directors  shall  also  make  a  report  to  the  governor  on  or 
before  the  first  Monday  in  December  next  preceding  each  biennial  session  of  the 
legislative  assembly,  containing  a  financial  statement  showing  the  condition  of 
all  funds  appropriated  for  the  use  of  the  agricultural  college  and  experiment  sta- 
tion; also  the  moneys  expended  and  the  purposes  for  which  the  same  were  expended 
in  detail;  also  the  condition  of  the  institution  and  the  results  of  all  the  experiments 
carried  on  there. 

SEC.  14.  The  board  of  directors  and  the  faculty  shall  have  power  to  confer 
degrees  upon  all  persons  who  shall  have  completed  the  course  of  study  prescribed 
for  said  school  by  the  board  and  faculty,  and  who  shall  have  passed  a  satisfactory 
examination  upon  the  studies  contained  in  said  course,  and  who  shall  be  known 
to  possess  a  good  moral  character. 

SEC.  15.  The  board  of  directors,  as  appointed  by  the  governor  and  confirmed  by 
the  senate,  shall  constitute  and  be  known  as  the  directors  provided  for  in  this  act. 

SEC.  16.  There  is  hereby  established  an  agricultural  experiment  station  in  con- 
nection with  the  North  Dakota  Agricultural  College,  and  under  the  direction  of 
the  board  of  directors  of  said  college,  for  the  purpose  of  conducting  experiments 
in  agriculture,  according  to  the  terms  of  section  1  of  an  act  of  Congress  approved 
March  2,  1887.  *  *  * 

SEC.  17.  The  assent  of  the  legislative  assembly  of  North  Dakota  is  hereby  given, 
in  pursuance  of  the  requirements  of  section  9  of  said  act  of  Congress  approved 
March  2,  1887,  to  the  grant  of  money  therein  made,  and  to  the  establishing  of  an 
experiment  station  in  accordance  with  section  1  of  said  last-mentioned  act,  and 
assent  is  hereby  given  to  carry  out  all  and  singular  the  provisions  of  said  act. 

SEC.  18.  The  grant  of  lands  accruing  to  the  State  of  North  Dakota  under  and 
by  virtue  of  an  act  of  Congress  donating  public  lands  for  the  use  and  support  of 
agricultural  colleges  in  certain  proposed  States,  approved  February  22,  1889,  is 
hereby  accepted,  with  all  the  conditions  and  provisions  in  said  act  contained,  and 
said  lands  are  hereby  set  apart  for  the  use  and  support  of  the  college  herein  pro- 
vided for. 

SEC.  19.  There  shall  be  no  expense  incurred  or  per  diem  and  mileage  paid  to  any 
officer  of  the  board  contemplated  under  the  provisions  of  this  act  until  an  appro- 
priation shall  have  been  made  for  the  erection  of  any  building  or  buildings  for  the 
agricultural  college  or  experiment  station.  (Approved  March  8,  1890.) 

Laws,  1891,  chapter  6:  SECTION  1.  Consent  having  been  given  by  the  Congress 
of  the  United  States  by  act  approved  September  4,  1890,  to  the  appropriation  by 
the  State  of  section  36  in  township  140  of  range  49  west,  situated  in  the  county 
of  Cass,  being  a  portion  of  the  lands  granted  to  said  State  for  the  purpose  of  com- 
mon schools,  for  the  use  of  the  State  agricultural  college  as  a  site  for  that  insti- 
tution, said  section  36  is  hereby  designated  and  appropriated  for  the  use  of  such 
agricultural  college  for  a  site  and  for  the  purpose  of  an  experiment  station;  and 
all  moneys  hereafter  appropriated  for  the  erection  of  buildings  and  improvements 
for  such  college  shall  be  expended  in  the  erection  of  such  buildings  and  improve- 
ments on  such  section. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  151 

SEC.  2.  The  appropriation  hereby  made  is  subject  to  all  leases  of  said  land  by 
the  State  now  in  force.  (Approved  January  16,  1891.) 

Laws,  1891,  chapter  7:  SECTION  1.  The  grants  of  moneys  authorized  by  the  act 
of  Congress  approved  August  30, 1890,  being  made  subject  to  the  legislative  assent 
of  the  several  States  and  Territories  to  the  purpose  of  said  grants,  the  assent  of 
the  State  of  North  Dakota  is  hereby  given  to  the  purpose  of  said  grants,  and  the 
conditions  of  the  above  specified  act  of  Congress  are  hereby  accepted  by  the  State 
of  North  Dakota. 

SEC.  2.  In  accordance  with  the  provisions  of  said  act  of  Congress  approved 
August  30,  1890,  the  North  Dakota  Agricultural  College  is  hereby  designated  as 
the  beneficiary  under  the  provisions  of  said  act. 

SEC.  3.  The  treasurer  of  the  North  Dakota  Agricultural  College,  elected  in 
accordance  with  the  provisions  of  section  4  of  the  act  of  the  legislative  asseinbly 
cf  the  State  of  North  Dakota  approved  March  8,  1890,  is  hereby  designated  as  the 
officer  to  receive  the  sums  of  money  appropriated  to  the  State  of  North  Dakota 
for  the  further  endowment  and  support  of  colleges  as  provided  by  the  said  act  of 
Congress  approved  August  30,  1890. 

SEC.  4.  The  State  treasurer  shall  immediately  pay  over  to  the  treasurer  of  the 
North  Dakota  Agricultural  College  all  sums  of  money  received  from  the  United 
States  Secretary  of  the  Treasury,  pursuant  to  the  provisions  of  the  said  act  of 
Congress  approved  August  30,  1890. 

SEC.  5.  Said  treasurer  of  the  North  Dakota  Agricultural  College  shall  give  a 
bond  in  the  sum  of  $50,000,  with  not  less  than  four  approved  sureties,  said  bond 
to  receive  the  sanction  and  approval  of  the  board  of  directors  of  said  North 
Dakota  Agricultural  College  and  of  the  governor  of  the  State  of  North  Dakota. 
(Approved  February  21,  1891.) 

Laws,  1891,  chapter  13:  [Appropriates  $25,000  for  the  erection  of  buildings  for 
the  agricultural  college.] 

Laws,  1893,  chapter  1:  [Appropriates  for  agricultural  college  as  follows:  Dor- 
mitory, $17,000;  furnishing  dormitory.  $3. 000;  farmhouse  and  barn,  $13,000;  shop 
for  mechanical  department,  $9,000;  completion  of  main  building,  $3,000;  inci- 
dentals, $10,000.] 

Laws,  1893,  chapter  126:  SECTION  1.  Tho  governing  or  managing  boards  of  all 
educational  institutions  in  the  State  of  North  Dakota  shall  be  designated  as  trus- 
tees of  the  respective  institutions  for  which  they  are  appointed. 

SKC.  2.  The  president,  principal,  or  chief  executive  officer  of  each  of  these  insti- 
tutions shall  be  ex-officio  a  member  of  the  board  of  trustees  of  the  institution  with 
which  he  is  connected,  but  shall  have  no  vote  as  a  member  of  such  board. 
(Approved  March  6,  1893.) 

Laws.  1S95,  chapter  2:  [Appropriates  for  the  erection  of  additional  buildings 
for  the  North  Dakota  Agricultural  College  and  Experiment  Station,  and  for  other 
purposes  connected  therewith,  $11,250.] 

Laws,  1897,  chapter  10:  [Appropriates  for  agricultural  college  as  follows:  Fuel, 
$4,000;  library,  furniture,  and  fixtures.  $200;  printing  and  stationery,  $600;  instruc- 
tion in  preparatory  department,  $2,000;  engineer,  watchman,  and  janitors,  $3,000; 
librarian,  $200;  miscellaneous  expenses,  $12.000.] 

Laws,  1897.  chapter  11:  [Appropriates  for  agricultural  college:  Payment  of 
debts,  $5,000;  wing  for  chemical  laboratory,  $5,000.] 

Laws.  1899,  chapter  7:  [Appropriates  for  agricultural  college:  Library,  furni- 
ture and  fixtures.  $300:  librarian,  $000;  printing  and  stationery,  $800;  engineer, 
watchman,  and  janit-  rs.  $3,500;  preparatory  instructor,  $2,000;  fuel,  $4,500; 
enlarging  mechanical  building,  .$'2,000;  miscellaneous  expenses,  $14,000.] 

Laws,  1901,  chapter  18:  [Appropriates  $18,000  for  current  expenses  of  agricul- 
tural college.] 

Laws,  1901,  chapter  127:  SECTION  1.  To  provide  for  the  erection  and  equipment 
of  necessary  additional  buildings,  for  a  system  of  sewerage,  and  for  other  neces- 
sary improvements  for  the  North  Dakota  Agricultural  College  at  Fargo,  the  board 
of  trustees  of  said  agricultural  college  may  issue  bonds  for  such  sum  or  sums  of 
money  as  can  actually  be  used  in  the  construction  and  equipment  of  such  neces- 
sary additional  buildings,  system  of  sewerage,  and  other  necessary  improvements, 
not  exceeding  the  sum  of  $50,000;  said  bonds  shall  be  in  denominations  of  $1,000 
each,  shall  bear  interest  at  a  rate  not  exceeding  5  per  cent  per  annum,  and  shall 
be  payable  in  twenty  years  from  the  date  of  issue  from  the  interest  and  income 
fund  accumulating  from  the  sale,  rental,  or  lease  of  lands  granted  to  the  said 
North  Dakota  Agricultural  College.  The  interest  on  such  bonds  shall  be  payable 
annually  on  the  first  day  of  January  each  year,  and  shall  be  payable  from  the 
interest  and  income  accumulating  from  the  sale,  rental,  or  lease  of  said  lands: 


152  EDUCATION   KEPOKT,  1903. 

Provided,  That  if  at  any  time  there  shall  not  be  sufficient  money  to  pay  such 
interest,  there  is  hereby  appropriated  out  of  the  State  treasury,  out  of  the  funds 
not  otherwise  appropriated,  a  sum  sufficient  to  meet  such  interest:  Provided  fur- 
ther, That  a  sufficient  amount  of  funds  accumulating  in  the  interest  and  income 
fund  from  sale  or  rental  of  land  or  lands  granted  to  the  North  Dakota  Agricul- 
tural College  shall  be  used  and  applied  solely  for  the  payment  of  interest  on  such 
"bonds  and  for  the  creation  of  a  sinking  fund  with  which  to  pay  such  bonds  on 
maturity. 

SEC.  2.  Such  bonds  shall  be  executed  under  the  seal  of  the  board  of  trustees  of 
the  North  Dakota  Agricultural  College,  shall  be  attested  by  the  president  and  sec- 
retary of  said  board  of  trustees,  and  when  executed  the  said  board  of  trustees  shall 
receive  sealed  proposals  for  the  purchase  of  the  same,  and  shall  give  public  notice 
of  such  sale  for  at  least  thirty  days  preceding  such  sale  in  two  or  more  newspapers 
in  general  circulation,  giving  date  of  such  sale,  and  such  bonds  shall  be  sold  to  the 
highest  bidder  for  cash  and  the  proceeds  thereof  delivered  to  the  treasurer  of  the 
North  Dakota  Agricultural  College,  to  be  used  exclusively  in  pursuance  of  the  pro- 
visions of  this  act. 

SEC.  3.  All  moneys  that  may  arise  or  be  derived  from  the  sale,  rental,  or  lease 
of  said  lands  granted  to  the  North  Dakota  Agricultural  College  shall  be  deposited 
with  the  State  treasurer,  to  be  used  in  pursuance  with  the  provisions  of  this  act 
for  the  benefit  of  the  North  Dakota  Agricultural  College.  (Approved  March  11, 
1901.) 

Laws,  1901,  chapter  138:  SECTION  1.  All  moneys  received  as  interest  for  rents, 
penalties,  permits,  or  from  any  other  source  than  from  the  principal  of  sales  of 
agricultural  college  lands  *  *  *  shall  be  paid  over  to  the  respective  institution 
treasurers  of  the  agricultural  college,  *  *  *  upon  the  warrant  of  the  State 
auditor,  on  the  1st  day  of  January,  April,  July,  and  October  in  each  year. 
^  SEC.  3.  The  funds  herein  referred  to  shall  be  subject  to  the  order  of  the  respec- 
tive boards  of  trustees  of  each  institution  herein  mentioned,  and  shall  be  used  for 
the  maintenance  of  such  institutions.  (Approved  March  13,  1901.) 

Laws,  1901,  chapter  156:  SECTION  1.  For  the  purpose  of  providing  for  the  main- 
tenance of  the  State  university  and  school  of  mines  at  Grand  Forks,  the  agricul- 
tural college  at  Fargo,  the  State  normal  school  at  Valley  City,  the  Stats  normal 
school  at  Mayville,  and  the  deaf  and  dumb  asylum  at  Devils  Lake,  and  the  school 
of  forestry,  as  a  part  of  the  public  school  system  of  this  State,  there  is  hereby 
levied  upon  all  taxable  property  in  the  State,  real  and  personal,  an  annual  tax  of 
1  mill  on  each  dollar  of  the  assessed  valuation  of  such  property  in  each  and  every 
year  hereafter. 

SEC.  2.  The  county  auditor  of  each  county  shall,  at  the  time  of  making  the 
annual  tax  list  in  his  county,  calculate  the  amount  of  the  levy  hereinbefore  pro- 
vided for  upon  each  and  everyitemof  property  assessed  in  his  county,  as  it  appears 
upon  the  last  assessment  roll,  and  extend  the  same  upon  such  tax  list  in  a  column 
to  be  provided  for  that  purpose,  and  such  tax  shall  thereupon  be  collected  and  paid 
over  to  the  State  treasurer  the  same  as  other  Stite  taxes. 

SEC.  3.  Such  taxes  so  levied  shall  be  apportioned  by  the  State  treasurer  to  the 
several  institutions  herein  mentioned  as  follows:  Forty  one-hundredths  of  a  mill 
to  the  State  university  and  school  of  mines  at  Grand  Forks;  twenty  one-hundredths 
of  a  mill  to  the  agricultural  college  at  Fargo;  twelve  one-hundredths  of  a  mill  to 
the  State  normal  school  at  Valley  City;  twelve  one-hundredths  of  a  mill  to  the 
State  normal  school  at  Mayville;  thirteen  one-hundredths  of  a  mill  to  the  deaf  and 
dumb  asylum  at  Devils  Lake;  three  one-hundredths  of  a  mill  to  the  school  of  for- 
estry at  Bottineau. 

SEC.  4.  The  moneys  arising  from  the  taxes  hereinbefore  levied  are  hereby  appro- 
priated for  the  maintenance  of  the  [institutions  mentioned  in  sec.  3] ,  the  same  to 
be  paid  monthly  to  the  board  of  trustees  of  the  several  institutions  herein  men- 
tioned, and  in  proportion  as  herein  provided,  upon  vouchers  of  said  board,  signed 
by  their  respective  presidents,  and  to  be  expended  by  the  several  boards,  in  their 
discretion,  in  the  establishment  and  maintenance  of  said  institutions  hereinbefore 
mentioned.  (Approved  March  6, 1901.) 

Laws,  1901,  chapter  98:  SECTION  1.  The  State  University  and  School  of  Mines 
at  Grand  Forks,  the  agricultural  college  at  Fargo,  the  State  normal  schools  at 
Valley  City  and  Mayville,  the  deaf  and  dumb  asylum  at  Devils  Lake,  the  indus- 
trial school  and  school  of  manual  training  at  Ellendale,  a  scientific  school  at  Wah- 
peton,  the  school  of  forestry  of  Bottineau,  and  all  other  schools  heretofore  estab- 
lished by  law  and  maintained  by  taxation  constitute  the  system  of  free  public 
schools  of  the  State.  (Approved*  March  12,  1901.) 

Laws,  1901,  chapter  136:  SECTION  1.  The  board  of  university  and  school  lands 


LAWS    KELATING    TO    LAND-GEANT    COLLEGES.  153 

shall,  during  the  year  1001,  appraise,  advertise,  and  sell  public  lands,  or  as  much 
thereof  as  can  be  sold  at  or  above  the  minimum  price  of  $10  per  acre,  as  follows: 
*  *  *  20,000  acres  of  the  agricultural  college  lands.  *  *  * 

SEC.  3.  The  proceeds  of  the  sale  of  the  agricultural  college  lands  *  *  * 
shall  remain  a  perpetual  fund,  the  revenue  of  which  shall  be  applied  toward  the 
maintenance  or  the  liquidation  of  the  indebtedness  of  the  respective  institutions. 
Each  institution  shall  be  credited  for  the  proceeds  of  the  sale  of  its  lands  and  shall 
receive  the  revenues  accruing  thereon.  (Approved  March  11,  1901.) 

Laws,  1901,  chapter  172:  SECTION  1.  There  is  hereby  established  a  State  farm- 
ers' institute  board  of  directors,  composed  of  the  president  of  the  board  of  trus- 
tees of  the  North  Dakota  Agricultural  College,  the  commissioner  of  agriculture 
and  labor,  the  director  of  the  experiment  station,  the  professor  of  agriculture  and 
the  professor  of  dairying  of  the  North  Dakota  Agricultural  College. 

SEC.  2.  The  State  farmers'  institute  board  of  directors  shall  have  power  to 
organize  by  electing  one  of  its  members  to  act  as  president  and  one  to  act  as  sec- 
retary, and  shall  have  power,  and  it  is  hereby  made  its  duty,  to  employ  a  director 
of  farmers'  institutes  and  such  other  institute  lecturers  as  may  be  deemed  neces- 
sary; to  authorize  the  holding  of  not  less  than  15  farmers'  institutes  each  year, 
the  same  to  be  of  such  a  nature  as  to  instruct  the  farmers  of  the  State  in  main- 
taining the  fertility  of  the  soil,  the  improvement  of  cereal  crops  grown  in  the 
State,  principles  of  breeding  as  applied  to  domestic  animals,  the  making  and 
handling  of  dairy  products,  the  destruction  of  noxious  weeds  and  injurious 
inserts,  forestry  and  growing  of  fruits,  feeding  and  management  of  live  stock, 
and,  in  general,  such  instruction  as  will  tend  to  promote  the  prosperity,  home  life, 
and  comfort  of  the  farming  population. 

To  determine  the  location  of  all  institutes;  but  in  determining  such  location 
those  places  where  county  or  township  agricultural  societies  are  maintained  shall 
have  the  preference. 

Sic.  3.  No  member  of  this  board  shall  receive  any  compensation  for  his  serv- 
ices, but  shall  be  allowed  his  actual  and  necessary  traveling  expenses  when  engaged 
upon  business  connected  with  the  proper  discharge  of  his  duties  under  this  act. 

SEC.  4.  There  is  hereby  appropriated,  out  of  any  money  in  the  State  treasury 
not  otherwise  appropriated,  the  sum  of  $3,000  biennially  for  carrying  out  the  pur- 
poses of  this  act.  All  charges,  accounts,  and  expenses  authorized  by  this  act  shall 
be  paid  by  the  treasurer  of  the  State  upon  the  approval  of  the  State  board  of  audit 
\vlicn  certified  by  the  president  and  secretary  of  the  board  of  directors.  (Approved 
March  12,  1901.) 


OHIO. 

Constitution  (1851),  Article  VI:  SECTION  1.  The  principal  of  all  funds  arising 
from  the  sale  or  other  disposition  of  lands  or  other  property  granted  or  intrusted 
to  this  State  for  educational  and  religious  purposes  shall  forever  be  preserved 
inviolate  and  imdiminished,  and  the  income  arising  therefrom  shall  be  faithfully 
applied  to  the  specific  objects  of  the  original  grants  or  appropriations. 

[The  following  matter  is  taken  from  The  Annotated  Revised  Statutes  of  the  State  of  Ohio, 
including  all  Lawa  of  a  General  Nature  in  Force  January  1, 1902,  by  Clement  Bates,  third  edition 
3  vols.  Cincinnati,  Ohio,  1900.] 

SEC.  3107-85.  The  assent  of  said  State  is  hereby  signified  to  the  aforesaid  act  of 
Congress  [of  July  2,  1802] ,  and  to  all  the  conditions  and  provisions  therein  con- 
tained, and  the  faith  of  the  State  of  Ohio  is  hereby  pledged  to  the  performance  of 
all  such  conditions  and  provisions.  (February  9,  1864.) 

SEC.  3107-86.  The  auditor,  treasurer,  and  secretary  of  state  are  hereby  author- 
ized and  directed  to  advertise,  as  often  as  they  may  deem  the  same  advisable,  and 
in  such  form  as  to  them  may  seem  proper  and  necessary  to  the  prompt  disposition 
of  the  land  scrip  received  from  the  United  States  for  the  establishment  of  an 
agricultural  and  mechanical  college  or  colleges  in  the  State  of  Ohio,  for  proposals 
for  the  purchase  of  the  same  in  quantities  not  less  than  160  acres,  such  proposals 
for  purchase  to  be  made  either  to  said  auditor,  treasurer,  and  secretary  of  state, 
or  to  the  auditor  and  treasurer  of  any  county  of  the  State,  subject  to  the  limita- 
tions and  restrictions  from  time  to  time  fixed  by  said  auditor,  treasurer,  and  sec- 
retary of  state  not  inconsistent  with  this  act.  (April  13,  1865,  as  amended  April 
5,1866.) 

SEC.  3107-87.  Said  auditor,  treasurer,  and  secretary  of  state  are  hereby  author- 
ized to  sell  or  cause  to  be  sold  said  land  scrip  at  the  best  price  they  can  obtain  for 


154  EDUCATION"    REPORT,   1903. 

the  same,  and  to  employ  a  suitable  person  or  persons  to  aid  them  in  making  such 
sales,  and  to  pay  to  such  persons  such  commissions  on  sales  made  by  them  as  they 
may  deem  adequate  to  secure  prompt  and  vigorous  efforts  to  effect  sales.  And 
they  are  further  authorized  to  accept  propositions  for  the  purchase  of  said  scrip 
in  quantities  not  less  than  50,000  acres  of  land,  on  terms  of  payment  of  not  less 
than  one-fourth  in  hand  and  the  remainder  in  payments  not  more  extended  than 
one-fourth  in  two  years,  one-fourth  in  four  years,  and  the  remaining  one-fourth 
in  six  years;  or  in  quantities  of  not  less  than  10,000  acres  of  land  on  the  following 
terms  of  payment:  Not  less  than  one-fourth  in  hand  and  the  remainder  in  pay- 
ments not  more  extended  than  one-fourth  in  one  year,  one-fourth  in  two  years, 
and  the  remaining  one-fourth  in  three  years,  with  interest  on  the  deferred  pay- 
ments from  the  date  of  purchase;  and  the  deferred  payments  to  be  secured  by 
mortgage  upon  real  estate  situate  within  the  State  of  Ohio,  or  deposit  of  the  bonds 
of  this  State  or  of  the  Government  of  the  United  States:  Provided,  also,  That  all 
contracts  to  pay  commissions  on  sales  or  for  the  sale  of  scrip  on  time  shall  be 
approved  by  the  governor,  in  writing,  before  the  same  shall  be  valid  and  binding 
on  the  State.  (April  13, 1865,  as  amended  April  5,  1866.) 

SEC.  3107-88.  Upon  the  acceptance  of  proposals  and  payment  thereon  the  party 
entitled  thereto  shall  receive  from  said  officers  the  amount  of  scrip  so  purchased, 
with  a  certificate  that  he  has  duly  purchased  and  paid  for  the  same;  and  on  pres- 
entation of  the  same  to  the  governor  he  shall  execute  the  necessary  transfer  of 
the  scrip,  in  accordance  with  the  regulations  provided  by  the  General  Land  Office 
therefor.  (April  13,  1865.) 

SEC.  3107-89.  The  auditor  and  treasurer  of  each  county  in  the  State  shall  jointly 
receive  for  such  service  as  they  may  perform  under  this  act,  in  accordance  \vith 
their  instructions  from  the  auditor,  treasurer,  and  secretary  of  state,  a  sum  equal 
to  5  per  cent  on  all  moneys  received  and  paid  over  by  them  upon  the  first  320  acres 
of  scrip  sold,  3  per  cent  on  all  moneys  so  received  and  paid  over  on  the  next  320 
acres  sold,  and  1  per  cent  on  all  receipts  for  sales  after  640  acres  have  been  sold; 
and  it  is  hereby  made  the  duty  of  the  auditor  and  treasurer  of  each  county  in  the 
State  to  perform  such  services  as  may  be  required  of  them  by  the  auditor,  treas- 
urer, and  secretary  of  state  under  this  act;  and  the  aforesaid  county  officers  shall 
be  paid  by  the  auditor  of  state  out  of  the  money  hereinafter  appropriated  for  such 
purpose.  (April  13,  1865.) 

SEC.  3107-90.  Said  auditor,  treasurer,  and  secretary  of  state  shall  annually,  on 
the  first  Monday  of  December,  make  the  governor  a  full  and  explicit  report  of  all 
their  proceedings  and  of  the  proceedings  of  county  auditors  and  treasurers  under 
this  act,  which  report  the  governor  shall  communicate  to  the  general  assembly  at 
the  next  ensuing  session  thereof.  (April  13,  1865,  as  amended  April  5,  1866.) 

SEC.  3107-91.  All  money  received  from  the  sale  of  land  scrip  shall  be  paid  into 
the  State  treasury,  and  shall  be  appropriated  and  used  by  the  commissioners  of 
the  sinking  fund  for  the  reduction  and  payment  of  the  other  public  debt  of  the 
State.  (April  13,  1865.) 

SEC.  3107-92.  Upon  the  amount  of  money  so  received  for  the  sale  of  scrip  appro- 
priated for  and  to  be  used  in  the  reduction  of  the  other  public  debt  of  the  State, 
as  aforesaid,  there  shall  be  allowed,  and  paid  semiannually,  on  the  1st  days  of 
July  and  January  in  each  year,  interest  at  the  rate  of  6  per  cent  per  annum, 
which  shall  be  appropriated,  as  provided  in  the  act  of  Congress  approved  July  2, 
1862,  "  to  the  endowment,  support,  and  maintenance  of  at  least  one  college,  where 
the  leading  object  shall  be — without  excluding  other  scientific  and  classical  studies 
and  including  military  tactics — to  teach  such  branches  of  learning  as  are  related 
to  agriculture  and  the  mechanic  arts;"  and  for  the  prompt  and  regular  payment 
of  said  interest,  the  preservation  and  appropriation  of  said  fund,  and  the  strict 
observance  and  fulfillment  of  the  act  of  Congress  before  referred  to  the  faith  of 
the  State  is  irrevocably  pledged.  (April  13,  1865.) 

SEC.  3107-93.  The  commissioners  of  the  sinking  fund  are  hereby  authorized  and 
empowered,  as  fast  as  the  sinking  fund  will  enable  them  to  do  so,  to  reduce  the 
debt  called  the  "agricultural  fund"  by  the  purchase  of  stocks  of  the  United 
States  or  of  this  State  yielding  not  less  than  6  per  cent  upon  the  par  value  of  said 
stocks,  which  stocks  when  so  purchased  shall  be  transferred  to  the  "State  of 
Ohio  in  trust  for  the  agricultural  college,"  and  shall  be  deposited  with  the  treas- 
urer of  state,  and  when  so  purchased,  transferred,  and  deposited  shall,  to  the 
extent  of  the  amount  paid  for  such  stocks,  reduce  the  debt  hereby  created  and 
denominated  the  "agricultural  fund."  (April  13,  1865.) 

SEC.  3951  [as  amended  May  8,  1902].  For  the  purpose  of  affording  the  advan- 
tages of  a  free  education  to  all  the  youth  of  the  State  there  shall  be  levied  annu- 
ally a  tax  on  the  grand  list  of  the  'taxable  property  of  the  State,  which  shall  be 
collected  in  the  same  manner  as  other  State  taxes,  and  the  proceeds  of  which 


LAWS    KELATING    TO    LAND-GKANT    COLLEGES.  155 

shall  constitute  "  the  State  common  school  fund,"  and  for  the  purpose  of  higher, 
agricultural  and  industrial  education,  including  manual  training,  there  shall  be 
levied  and  collected  in  the  same  manner  a  tax  on  the  grand  list  of  taxable  property 
of  the  State,  which  shall  constitute  "  the  Ohio  State  University  fund."  The  rate 
for  such  levy  in  each  case  shall  be  designated  by  the  general  assembly  at  least  once 
in  two  years;  and  if  the  general  assembly  shall  fail  to  designate  the  rate  for  any 
year,  the  same  shall  be  for  "  the  State  common  school  fund  "  ninety-five  one-hun- 
dredths of  1  mill  each  year  for  the  years  1903  and  1903  and  1  mill  each  year  there- 
after; for  the  "  Ohio  State  University  fund,"  fifteen  one-hundredths  of  1  mill  upon 
each  dollar  of  valuation  of  such  taxable  property  each  year  for  the  years  1902 
and  1903  and  ten  one-hundredths  of  1  mill  each  year  thereafter. 

SEC.  4105-9.  A  college,  to  be  styled  the  "  Ohio  Agricultural  and  Mechanical  Col- 
lege," is  hereby  established  in  this  State  in  accordance  with  the  provisions  of  an 
act  of  Congress  of  the  United  States  passed  July  2,  1862,  *  *  and  said  col- 
lege to  be  located  and  controlled  as  hereinafter  provided.  The  leading  object 
shall  be,  without  excluding  other  scientific  and  classical  studies  and  including 
military  tactics,  to  teach  such  branches  of  learning  as  are  related  to  agricultural 
and  mechanic  arts.  (March  22,  1870.) 

SEC.  4105-10.  The  trustees  and  their  successors  in  office  shall  be  styled  the 
"board  of  trustees  of  the  Ohio  Agricultural  and  Mechanical  College,"  with  the 
right  as  such  of  suing  and  being  sued,  of  contracting  and  being  contracted  with, 
of  making  and  using  a  common  seal,  and  altering  the  same  at  pleasure.  (March 
22,  1870.) 

SEC.  4105-11 .  The  board  of  trustees  shall  have  power  to  adopt  by-laws,  rules,  and 
regulations  for  the  government  of  said  college,  to  elect  a  president,  to  determine 
the  number  of  professors  and  tutors,  elect  the  same,  and  fix  their  salaries.  They 
shall  also  have  power  to  remove  the  president  or  any  professor  or  tutor  whenever 
the  interests  of  the  college,  in  their  judgment,  shall  require,  to  fix  and  regulate 
the  course  of  instruction,  and  to  prescribe  the  extent  and  character  of  experiments 
to  be  made.  (March  22,  1870.) 

SEC.  4105-12.  The  college  shall  be  open  to  all  persons  over  14  years  of  age,  sub- 
ject to  such  rules  and  regulations  and  limitations,  as  to  numbers  from  the  several 
counties  of  the  State,  as  may  be  prescribed  by  the  board  of  trustees:  Provided, 
That  each  county  shall  be  entitled  to  its  just  proportion  according  to  its  popula- 
tion. The  board  may  provide  for  courses  of  lectures  either  at  the  seat  of  the  col- 
lege or  elsewhere  in  the  State,  which  shall  be  free  to  all.  (March  22,  1870.) 

SEC.  4105-13.  The  board  of  trustees  shall  have  the  general  supervision  of  all 
lands,  buildings,  and  other  property  belonging  to  said  college,  and  the  control  of 
all  expenses  therefor:  rrorided  always,  That  said  board  shall  not  contract  any 
debt  not  previously  authorized  by  the  general  assembly  of  the  State  of  Ohio. 
(March  22,  1870.) 

SEC.  4105-14.  The  board  of  trustees  shall  annually  elect  one  of  their  number 
chairman ,  and  in  the  absence  of  the  chairman  shall  elect  one  of  their  number 
temporary  chairman,  and  shall  have  power  to  appoint  a  secretary,  treasurer,  and 
librarian,  and  such  other  officers  as  the  interests  of  the  college  may  require,  who 
may  or  may  not  be  members  of  the  board,  and  shall  hold  their  offices  for  such 
term  as  said  board  shall  fix,  subject  to  removal  by  said  board,  and  shall  receive 
such  compensation  as  the  board  shall  prescribe.  The  treasurer  shall,  before  enter- 
ing upon  the  duties  of  his  office,  give  bond  to  the  State  of  Ohio  in  such  sum  as  the 
board  may  determine,  which  bond  shall  not  be  for  a  less  sum  than  the  probable 
amount  that  will  be  under  his  control  in  any  one  year,  conditioned  for  the  faithful 
discharge  of  his  duties  and  the  payment  of  all  moneys  coming  into  his  hands,  said 
bond  to  be  approved  by  the  attorney-general  of  the  State.  (March  22,  1870.) 

SEC.  4105-15.  The  board  of  trustees  shall  have  power  to  receive  and  hold  in  trust, 
for  the  use  and  benefit  of  the  college,  any  grant  or  devise  of  land,  and  any  dona- 
tion or  bequest  of  money  or  other  personal  property,  to  be  applied  to  the  general 
or  special  use  of  the  college.  All  donations  or  bequests  of  money  shall  be  paid  to 
the  State  treasurer  and  invested  in  the  same  manner  as  the  endowment  fund  of 
the  college,  unless  otherwise  directed  in  the  donation  or  bequest.  (March  22, 
1870.) 

SEC.  4105-16.  The  title  for  all  lands  for  the  use  of  said  college  shall  be  made 
in  fee  simple  to  the  State  of  Ohio,  with  covenants  of  seizin  and  warranty,  and  no 
title  shall  be  taken  to  the  State  for  the  purposes  aforesaid  until  the  attorney- 
general  shall  be  satisfied  that  the  same  is  free  from  all  defects  and  incumbrances. 
(March  22,  1870.) 

SEC.  4105-17.  The  attorney-general  shall  be  the  legal  adviser  of  said  board  of 
trustees,  and  he  shall  institute  and  prosecute  all  suits  in  behalf  of  the  same,  and 


156  EDUCATION    EEPOPT,   1903. 

shall  receive  the  same  compensation  therefor  as  he  is  entitled  to  by  law  for  suits 
brought  in  behalf  of  the  asylums  of  the  State.  (March  22,  1870.) 

SEC.  4105-18.  It  shall  be  the  duty  of  the  board  of  trustees  to  permanently  locate 
said  agricultural  and  mechanical  college  upon  lands,  not  less  than  100  acres,  which 
in  their  judgment  is  best  suited  to  the  wants  and  purposes  of  said  institution,  the 
same  being  reasonably  central  in  the  State  and  accessible  by  railroad  from  differ- 
ent parts  thereof,  having  regard  to  healthiness  of  location,  and  also  regarding  the 
best  interests  of  the  college  in  the  receipt  of  moneys,  lands,  or  other  property 
donated  to  said  college  by  any  county,  town,  or  individual,  in  consideration  of  the 
location  of  said  college  at  a  given  place:  Provided,  It  shall  require  a  three-fifths 
vote  of  the  trustees  to  make  said  location:  And  provided  further ,  That  said  loca- 
tion shall  be  made  on  or  before  October  15, 1870:  Provided  further ,  That  any  per- 
son acting  as  a  trustee,  who  shall  accept  or  receive,  directly  or  indirectly,  any 
sum  or  amount  from  any  person  or  persons,  to  use  their  influence  in  favor  of  the 
location  of  said  college  at  any  particular  point  or  place,  shall  be  held  to  be  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  by  any  court  of  competent  jurisdic- 
tion shall  be  fined  in  any  sum  not  less  than  $1,000  nor  more  than  $10,000:  Pro- 
vided further,  That  in  the  location  of  said  college  the  said  trustees  shall  not  in 
any  event  incur  any  debt  or  obligation  exceeding  $40,000;  and  if  in  their  opinion 
the  interests  of  the  college  can  not  be  best  promoted  without  a  larger  expenditure 
for  the  location  than  that  sum,  then  they  may  delay  the  permanent  location  of  the 
same  until  the  third  Monday  of  January,  1871,  and  report  their  proceedings  and 
conclusions  to  the  general  assembly:  Provided  further ,  That  said  college  shall  not 
be  located  until  there  are  secured  thereto  for  such  location  donations  in  money, 
or  unincumbered  lands,  at  their  cash  valuation,  whereon  the  college  is  to  be 
located,  or  in  both  money  and  such  lands,  a  sum  equal  to  at  least  $100,000.  (March 
22,  1870.) 

SEC.  4105-19.  The  unsurveyed  and  unsold  lands  ceded  to  the  State  of  Ohio  by  a 
certain  act  of  Congress  of  the  United  States,  approved  February  18,  1871.  situate 
and  being  in  the  Virginia  military  district,  between  the  Great  Sciotaand  the  Little 
Miami  rivers,  in  said  State,  be,  and  the  same  are  hereby,  accepted  by  the  State  of 
Ohio,  subject  to  the  provisions  of  said  act.  (April  3,  1873.) 

SEC.  4105-20.  The  trustees  of  the  Ohio  Agricultural  and  Mechanical  College  are 
hereby  authorized  to  demand  from  all  persons  who  have  destroyed  or  converted 
any  timber  growing  upon  the  lands  ceded  to  the  State  of  Ohio,  as  stated  in  the  act 
to  which  this  is  supplementary,  since  the  date  of  said  act  of  Congress  ceding  said 
lands  to  the  State  of  Ohio ,  full  compensation  for  the  timber  so  destroyed  or  converted 
and  for  all  damages,  and  if  payment  shall  be  refused,  to  institute  proper  proceed- 
ings in  the  name  of  said  Ohio  Agricultural  and  Mechanical  College,  in  any  court 
of  competent  jurisdiction,  to  recover  the  same  with  damages  and  costs  of  suit: 
Provided,  That  the  provisions  of  this  section  shall  not  apply  to  timber  taken  from 
the  160  acres  by  any  person  who  shall  obtain  the  title  to  the  same  under  section  3 
[sec.  4105-21]  of  this  act.  (April  3,  1873.) 

SEC.  4105-21.  The  title  of  said  lands  is  hereby  vested  in  the  trustees  of  the  Ohio 
Agricultural  and  Mechanical  College  for  the  benefit  of  said  college;  and  said  trus- 
tees are  hereby  required  to  cause  a  complete  survey  of  said  lands  to  be  immediately 
made  and  a  correct  plat  thereof  to  be  returned  to  said  trustees,  and  to  ascertain 
and  set  off,  in  reasonably  compact  form,  by  accurate  boundaries  to  each  occupant 
who  was  in  actual  possession  of  and  living  upon  any  of  said  lands  at  the  time  of 
the  passage  of  said  act  of  Congress,  as  provided  therein,  or  their  heirs  and  assigns, 
a  tract  not  exceeding  40  acres;  and  upon  the  payment  by  the  claimant  of  the  cost 
of  surveying  and  making  the  deed  the  said  trustees  shall  make  and  deliver  to  said 
claimant  a  deed  for  said  tract;  and  if  any  such  occupant  shall  have  been  in  such 
actual  possession  of  more  than  40  acres  and  is  desirous  of  holding  the  same  he 
shall  be  entitled  to  have  in  addition  to  said  40  acres  any  number  of  acres  not  exceed- 
ing with  said  40  acres  the  number  of  160  acres,  to  be  in  reasonably  compact  form, 
fry  PayinK  for  the  said  excess  over  40  acres  the  sum  of  $1  per  acre;  and  if  any  claim- 
ant under  the  provisions  of  this  act  shall  desire  to  purchase  any  tract  of  land 
adjoining  said  40  acres,  not  exceeding,  including  said  40  acres,  the  amount  of  160 
acres,  of  which  said  claimant  shall  have  been  in  actual  possession,  but  does  not 
desire  to  purchase  the  same  at  $1  per  acre,  said  trustees,  upon  notice  by  said  claim- 
ant, shall  cause  said  tract  or  part  of  tract  to  be  sold  separate  from  other  tracts  of 
land,  at  a  valuation  fixed  upon  by  the  appraisers  named  in  this  act,  payable  one- 
third  at  the  date  of  the  survey  and  the  residue  in  two  equal  annual  installments, 
with  interest  at  6  per  cent,  payable  annually,  and  upon  full  payment  being  made, 
with  the  cost  of  survey  and  conveyance,  said  trustees  shall  make  and  deliver  to 
such  claimant,  his  or  her  heirs  or  assigns,  a  deed  for  said  excess  over  40  acres: 
Provided,  That  any  person  claiming  the  benefit  of  the  provisions  of  this  section  as 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  157 

occupant  shall  comply  in  all  respects  with  and  be  snbject  to  the  provisions  of  the 
thirteenth  section  of  the  act  of  Congress  approved  September  4, 1841,  entitled  "An 
act  to  appropriate  the  proceeds  of  the  sales  of  the  public  lands  and  to  grant  pre- 
emption rights,"  and  to  the  rules  and  regulations  of  the  General  Land  Office  of 
the  United  States  relating  to  proof  for  the  establishment  of  preemptor's  claims: 
Provided,  however,  That  the  affidavit  required  by  said  thirteenth  section  of  said  act 
of  Congress  may  be  made  before  any  justice  of  the  peace  or  other  officer  authorized 
to  administer  oaths.  (April  3,  1873.) 

[Sec.  4105-22  and  sec.  4105-23  relate  to  the  division  and  sale  of  the  military 
lands.] 

SEC.  4105-24.  The  proceeds  of  the  sales  of  such  lands,  or  so  much  thereof  as  may 
be  necessary,  after  the  payment  out  of  the  same  of  all  the  necessary  expenses  of 
survey  and  sale,  remaining  uncertified  into  the  treasury  of  said  State,  may  be  used 
by  said  trustees  in  building  and  maintaining  upon  the  lands  of  said  university  a 
suitable  number  of  houses,  adapted  to  use  as  family  residences,  for  the  use  of 
members  of  the  faculty  of  said  university,  for  which  use  a  fair  and  reasonable 
rent  shall  be  paid  to  said  university.  Said  buildings  shall  be  erected  under  the 
provisions  of  title  G  of  the  Revised  Statutes  of  Ohio;  and  the  said  trustees  shall 
annually  report  to  the  governor  a  detailed  statement  of  receipts  and  disbursements 
in  the  execution  of  the  trust  under  the  provisions  of  this  act.  (April  3,  1873,  as 
amended  April  17,  1882.) 

SEC.  4105-26.  The  trustees  of  the  Ohio  State  University  be,  and  they  are  hereby, 
required  to  establish  in  said  university  a  school  of  mines  and  mining  engineering, 
in  which  shall  be  provided  the  means  for  studying  scientifically  and  experimen- 
tally the  survey,  opening,  ventilation,  care,  and  working  of  mines;  and  said  school 
shall  be  provided  with  a  collection  of  drawings,  illustrating  the  manner  of  open- 
ing, working,  and  ventilating  mines,  and  with  the  necessary  instruments  for  sur- 
veying, measuring  air,  examining  and  testing  the  noxious  and  poisonous  gases  of 
mines,  and  (also)  with  (the)  models  of  the  most  improved  machinery  for  ventilat- 
ing and  operating  (all  the  various  kinds  of)  mines  with  safety  to  the  lives  and 
health  of  those  engaged.  Said  school  shall  also  be  provided  with  complete  mining 
laboratories  for  the  analysis  of  coals,  ores,  fire  clays,  and  other  materials,  and 
with  all  the  necessary  apparatus  for  testing  the  various  coals,  ores,  fire  clays,  oils, 
gases,  and  other  minerals.  (May  7, 1877,  as  amended  April  4,  1888.) 

SEC.  4105-27.  Said  trustees  shall  employ  competent  persons  to  give  instruction 
in  the  most  (improved  and)  successful  methods  of  opening  (and  operating),  sur- 
veying, and  inspecting  mines,  including  the  methods  and  machinery  employed 
for  extracting  coal,  ore,  fire  clay,  oil,  gas,  and  other  minerals  from  the  pit's 
mouth  and  for  facilitating  the  ascent  and  descent  of  workmen,  the  draining  and 
freeing  of  mines  from  water,  the  causes  of  the  vitiation  of  air,  the  quantities  of 
fresh  air  required  under  various  circumstances,  natural  ventilation,  mechanical 
ventilation  by  flues  and  fans,  and  other  ventilating  machinery,  the  use  of  air 
engines,  air  compressors,  and  coal-cutting  machinery;  also  instruction  in  the 
various  uses  of  coals,  ores,  fire  clays,  oils,  gases,  and  other  minerals  and  the 
methods  of  testing,  analyzing,  and  assaying  such  minerals;  also  the  methods 
employed  in  metallurgical  and  other  processes  in  the  reduction  of  ores  and  in 
determining  the  qualities  of  metals,  particularly  of  iron  and  steel,  as  shown  by 
practical  and  laboratory  tests;  and  there  shall  be  kept  in  a  cabinet  properly 
arranged  for  ready  reference  and  examination,  suitably  connected  with  said  school 
of  mines,  (samples  of  the)  specimens  from  the  various  mines  in  the  State  which 
may  be  sent  for  analysis,  together  with  the  names  of  the  mines  and  their  localities 
in  the  counties  from  which  they  were  sent,  and  the  analysis  and  a  statement  of 
their  properties  attached  (it  shall  also  be  his  duty  to  furnish  analysis  of  all  min- 
erals found  in  the  State  and  sent  to  him  for  that  purpose  by  residents  of  this 
State).  (May  7,  1877,  as  amended  April  4,  1888.) 

SEC.  4105-28.  There  is  hereby  appropriated  out  of  the  general  revenue  fund  the 
sum  of  $3,500  to  be  expended  in  the  equipment,  support,  and  maintenance  of  said 
school  of  mines,  as  provided  for  in  the  first  and  second  sections  [sees.  4105-26  and 
4105-27]  of  this  act.  (May  7,  1877,  as  amended  April  4,  1888.) 

SEC.  4105-29.  The  board  of  trustees  of  the  Ohio  State  University  are  hereby 
authorized  and  empowered  to  appropriate  annually  for  the  period  of  ten  years  to 
the  support  and  maintenance  of  the  school  of  law  of  the  Ohio  State  University  out 
of  the  funds  derived  under  section  3951  of  the  Revised  Statutes  of  Ohio,  amended 
March  20,  1891  (88  O.  L.,  150),  a  sum  not  exceeding  $5.000  in  rddit:on  to  the  sum 
derived  from  the  tuition  fees  of  the  students  in  said  school  of  law.  (April  24. 
1893.) 

SEC.  4105-30.  The  trustees  of  the  Ohio  State  University  be,  and  they  are  hereby, 
required  to  establish  in  said  university  a  department  of  ceramics,  equipped  and 


158  EDUCATION   REPORT,   1903. 

designed  for  the  technical  education  of  clay,  cement,  and  glass  workers  in  all 
branches  of  the  art  which  exist  in  this  State  or  which  can  be  profitably  introduced 
and  maintained  in  this  State  from  the  mineral  sources  thereof,  including  the  man- 
ufacture of  earthenwares,  stonewares,  yellow  wares,  white  wares,  china,  porce- 
lain, and  ornamental  pottery;  also  the  manufacture  of  sewer  pipe,  fireproofing, 
terra  cotta,  sanitary  clay  wares,  electric  conduits  and  specialties,  fire  bricks,  and 
all  refractory  materials,  glazed  and  enameled  bricks,  pressed  bricks,  vitrified  pav- 
ing material,  as  well  as  the  most  economic  methods  in  the  production  of  the  coarser 
forms  of  bricks  used  for  building  purposes;  also  the  manufacture  of  tiles  used  for 
paving,  flooring,  decorative  wall  paneling,  roofing,  and  draining  purposes;  also 
the  manufacture  of  cement,  concrete,  artificial  stone,  and  all  kinds  of  glass  prod- 
ucts and  all  other  clay  industries  represented  in  our  limits.  (April  20,  1804.) 

SEC.  4105-31.  Said  department  shall  offer  special  instruction  to  clay  workers  on 
the  origin,  composition,  properties,  and  testing  of  clays,  the  selection  of  materials 
for  different  purposes,  the  mechanical  and  chemical  preparation  of  clays,  the  laws 
of  burning  clays,  the  theory  and  practice  of  the  formation  of  clay  bodies,  slips, 
and  glazes,  and  the  laws  which  control  the  formation  and  fusion  of  silicates. 
(April  20,  1894.) 

SEC.  4105-32.  Said  department  shall  be  provided  with  an  efficient  laboratory 
designed  especially  for  the  practical  instruction  of  clay  workers  in  the  lists  of 
subjects  enumerated  in  the  second  section  [sec.  4105-31]  of  this  act,  and  also 
equipped  to  investigate  into  the  various  troubles  and  defects  incident  to  every 
form  of  clay  working,  which  can  not  be  understood  or  avoided  except  by  use  of 
such  scientific  investigation.  Said  laboratory  shall  be  equipped  with  apparatus 
for  chemical  analysis,  with  furnaces  and  kilns  for  pyrometric  and  practical  trials 
with  such  machinery  for  the  grinding,  washing,  and  preparation  of  clays  for 
manufacture  as  is  consistent  with  the  character  of  the  department.  (April  20, 
1894.) 

SEC.  4105-33.  Said  trustees  shall  employ  to  conduct  this  department  of  ceramics  a 
competent  expert,  who  shall  unite  to  the  necessary  education  and  scientific  acquire- 
ments a  thorough  practical  knowledge  of  clay  working,  and  not  less  than  two 
years'  actual  experience  in  some  branch  of  the  art.  It  shall  be  his  duty  to  teach 
the  theoretical  part  of  the  subject  and  to  conduct  the  laboratory  for  the  instruc- 
tion of  students,  and  also  to  prosecute  such  scientific  investigations  into  the  tech- 
nology of  the  various  clay  industries  as  may  be  practicable,  and  from  time  to  time 
to  publish  the  results  of  his  investigations  in  such  form  that  they  will  be  accessible 
to  the  clay  workers  of  the  State  for  the  advancement  of  the  art.  (April  20,  1894.) 
'  SEC.  4105-34.  There  shall  be  hereafter  appropriated  out  of  the  general  revenues 
of  the  State  the  sum  of  $5,000,  to  be  expended  in  the  organization,  equipment,  and 
maintenance  of  said  department  [of  ceramics]  for  the  current  year,  and  there 
shall  be  appropriated  from  the  same  fund  the  sum  of  $2,500  annually  for  two 
years  for  the  salary,  supplies,  and  all  other  expenses  of  maintenance  of  said  depart- 
ment. (April  20,  1894.) 

SEC.  4105-35.  It  shall  be  the  duty  of  the  professor  occupying  the  chair  in  the 
chemical  and  mechanical  department  of  the  Ohio  Agricultural  and  Mechanical 
College,  upon  application,  to  make  and  give  a  written  analysis  of  such  artificial 
fertilizers  as  may  be  furnished  to  him  for  that  purpose.  (April  4,  1878.) 

SEC.  4105-36.  The  educational  institution  heretofore  designated  as  the  Ohio 
Agricultural  and  Mechanical  College  shall  be  known  and  designated  hereafter  as 
* '  The  Ohio  State  University. ' '  (May  1 ,  1878. ) 

SEC.  4105-37.  The  government  of  said  university  shall  be  vested  in  a  board  of 
seven  trustees,  who  shall  be  appointed  by  the  governor  of  the  State,  with  the 
advice  and  consent  of  the  senate,  but  no  trustee  or  his  relation  by  blood  or  mar- 
riage shall  be  eligible  to  any  professorship  or  position  in  the  university,  the  com- 
pensation for  which  is  payable  out  of  the  State  treasury  or  said  college  fund. 
(May  1,  1878.) 

SEC.  4105-38.  The  members  of  said  board  of  trustees  and  their  successors  shall 
hold  their  offices  for  the  term  of  seven  years  each:  Provided,  That  the  trustees  first 
appointed  under  the  provisions  of  this  act  shall  hold  their  terms  for  one,  two,  three, 
four,  five,  six,  and  seven  years,  respectively,  to  be  fixed  by  the  governor  in  their 
commissions.  In  case  a  vacancy  shall  occur  from  death  or  other  cause  the  appoint- 
ment shall  be  for  the  unexpired  term.  The  trustees  shall  not  receive  any  compen- 
sation for  their  services,  but  they  shall  be  paid  their  reasonable  and  necessary 
expenses  while  engaged  in  the  discharge  of  their  official  duties.  (May  1,  1878.) 

SEC.  4105-39.  The  board  of  trustees  shall  have  power,  and  it  is  made  their  duty, 
to  collect,  or  cause  to  be  collected,  specimens  of  the  various  cereals,  fruits,  and 
other  vegetable  products  and  to  have  experiments  made  in  their  reproduction  upon 
the  lands  of  the  university  and  to  make  report  of  the  same  from  year  to  year, 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  159 

together  with  such  other  facts  as  may  tend  to  advance  the  interests  of  agriculture. 
(May  1,  1878.) 

SEC.  4105-40.  The  board  of  trustees  shall  have  power,  and  it  is  hereby  made  their 
duty,  to  secure  and  keep  in  the  said  university  a  collection  of  specimens  in  min- 
eralogy, geology,  zoology,  botany,  and  other  specimens  pertaining  to  natural  his- 
tory and  the  sciences,  and  it  shall  be  the  duty  of  the  president  of  the  university  to 
collect  and  deposit  in  the  said  university,  in  such  manner  as  shall  be  directed  by 
the  trustees,  a  full  and  complete  set  of  specimens  as  collected  by  him  and  his  assist- 
ants, together  with  a  brief  description  of  the  character  of  the  same  and  where 
obtained,  and  the  said  specimens  shall  be  properly  classified  and  kept  for  the  benefit 
of  said  university.  (May  1,  1878.) 

SEC.  4105-41.  The  first  meeting  of  the  members  of  the  board  shall  be  called  by 
the  governor,  as  soon  after  the  appointment  of  said  board  as  convenient,  to  be  held 
at  said  university,  in  Columbus,  Ohio.  All  succeeding  meetings  shall  be  called 
in  such  a  manner  and  at  such  times  as  the  board  may  prescribe.  The  said  board 
shall  meet  at  least  three  times  annually,  and  at  such  other  times  as  they  may 
think  necessary  for  the  best  interest  of  the  said  university.  A  majority  of  the 
board  of  trustees  present  at  any  meeting  shall  constitute  a  quorum  to  do  business: 
Provided,  A  majority  of  all  the  board  shall  be  required  to  elect  or  remove  a  presi- 
dent or  professor.  (May  1,  1878.) 

SEC.  4105-42.  The  board  of  trustees  shall  cause  to  be  made  on  or  before  the  1st 
of  October  of  each  year  a  report  to  the  governor  of  the  condition  of  said  university; 
the  amount  of  receipts  and  disbursements,  and  for  what  the  disbursements  were 
made;  the  number  of  professors,  officers,  teachers,  and  other  employees,  and  the  posi- 
tion and  compensation  of  each;  the  number  of  students  in  the  several  departments 
and  classes,  and  the  course  of  instruction  pursued  in  each;  also  an  estimate  of  the 
expenses  for  the  ensuing  year;  a  statement  showing  the  progress  of  the  university, 
recording  any  improvements  and  experiments  made,  with  their  costs,  and  the 
results,  and  such  other  matters  as  may  be  supposed  useful.  Said  annual  report 
shall  be  for  the  year  ending  June  30,  and  the  said  Ohio  State  University  is  hereby 
exempted  from  the  provisions  of  section  172,  Revised  Statutes  of  Ohio.  There  shall 
be  printed  :  5,000  copies  of  the  said  annual  report,  to  be  distributed  by 

the  trustees  in  such  manner  as  they  shall  deem  best  for  the  interest  of  said  uni- 
versity. The  president  of  said  university  shall  transmit  by  mail  one  copy  to  the 
Secretary  of  the  Interior,  one  copy  to  the  Secretary  of  Agriculture,  and  one  copy 
to  each  of  the  colleges  which  are  or  may  be  endowed  under  the  provisions  of  the 
act  of  Congress  of  July  2,  1862.  (May  1,  1878,  as  amended  April  25,  1893.) 

S:  ( '.  4105-43.  All  funds  derived  from  the  sale  of  land  scrip  issued  to  the  State  of 
Ohio  by  the  United  States  in  pursuance  of  the  aforesaid  act  of  Congress,  together 
with  the  interest  accumulated  thereon,  shall  constitute  a  part  of  the  irreducible 
debt  of  this  State,  the  interest  upon  which,  as  provided  by  the  act  of  February  10, 
1870,  shall  be  paid  to  the  university  by  the  auditor  of  State,  upon  the  requisition 
of  the  commissioners  of  the  sinking  fund,  issued  on  the  certificate  of  the  secretary 
of  the  board  of  trustees,  that  the  same  has  been  appropriated  by  said  trustees  to 
the  endowment,  support,  and  maintenance  of  the  university,  as  provided  in  the 
act  of  Congress  aforesaid.  (May  1,  1878.) 

SEC.  4105-44.  That  said  board  of  trustees  shall  fix  the  compensation  for  the 
president,  professors,  teachers,  and  all  other  employees  of  the  university:  Provided, 
That  the  compensation  for  the  services  of  the  professors  shall  not  exceed  $2,500 
each  per  annum.  (May  1,  1878,  as  amended  March  16,  1894.) 

SEC.  4105-45.  It  shall  be  the  duty  of  the  board  of  trustees,  in  connection  with 
the  faculty  of  the  university,  to  provide  for  the  teaching  of  such  branches  of 
learning  as  are  related  to  agriculture  and  the  mechanic  arts,  mines  and  mine 
engineering,  and  military  tactics,  and  such  other  scientific  and  classic  studies  as 
the  resources  of  the  fund  will  permit.  (May  1,  1878,  as  amended  April  15,  1880.) 

SEC.  4105-46.  The  auditor  of  State  be  and  is  required  to  compute  the  interest 
which  has  accrued  and  will  accrue  on  the  agricultural  college  scrip  fund  since  the 
same  has  been  sold,  to  July  1,  1870,  compounding  the  same  by  semiannual  rests 
on  the  1st  day  of  January  and  the  1st  day  of  July  in  each  year;  and  on  June  15, 
1870,  to  transfer  the  sum  so  arising  to  the  said  college  fund,  and  invest  the  same  in 
the  interest-bearing  bonds  of  the  State,  in  the  same  manner  as  the  principal  of 
the  said  fund  is  now  invested.  (February  10,  1870.) 

SEC.  4105-47.  That  on  July  1,  1870,  and  every  six  months  thereafter  the  auditor 
of  State  shall  invest  the  interest  of  said  funds  falling  due  in  the  same  manner  as 
the  principal  is  now  invested.  (February  10,  1870.) 

SEC.  142.  The  professor  of  physics  of  the  Ohio  State  University  shall  be  ex-officio 
State  sealer,  and  the  standards  of  weights  and  measures  adopted  by  the  State 
shall  be  deposited  in  a  suitable  room  at  the  Ohio  State  University,  and  the  same 


160  EDUCATION    KEPOKT,  1903. 

shall  be  by  him  kept  in  suitable  cases,  which  shall  be  opened  only  for  the  purpose 
of  comparing  with  such  standards  the  copies  which  by  law  are  to  be  furnished  for 
the  use  of  the  several  counties,  unless  by  a  joint  resolution  of  the  general  assembly, 
or  upon  a  call  of  either  house  for  information,  or  by  order  of  the  governor  for 
scientific  purposes.  (March  17,  1891.) 

SEC.  409-15.  There  be,  and  hereby  is,  established  at  the  State  university,  at  Col- 
nmbus,  Ohio,  a  central  office  for  the  promotion  of  forestry,  to  be  entitled  the  State 
forestry  bureau,  which  shall  consist  of  three  members,  to  be  appointed  by  the 
governor,  as  a  board  of  directors.  The  members  of  the  board  of  directors  shall 
be  commissioned  by  the  governor,  and  be  duly  qualified  as  like  officers  of  the  State; 
one  of  three  directors  shall  serve  for  six  years,  the  second  for  four  years,  and  the 
third  for  two  years,  and  on  the  expiration  of  terms  of  service  appointments  shall 
be  made  for  the  term  of  six  years.  (April  16,  1885.) 

SEC.  409-16.  It  shall  be  the  duty  of  said  State  forestry  bureau  to  thoroughly  in- 
quire into  the  character  and  extent  of  the  forests  of  the  State;  to  investigate  the 
causes  which  are  in  operation  to  produce  their  waste  or  decay;  to  suggest  what 
legislation,  if  any,  may  be  necessary  for  the  development  of  a  rational  system  of 
forestry,  adapted  to  the  wants  and  conditions  of  this  State,  and  with  the  consent 
of  the  trustees  of  the  Ohio  State  University  the  said  directors  may  establish  a 
forestry  station  on  the  grounds  of  said  university.  The  directors  shall  select  one 
of  their  number,  or  appoint  a  qualified  person  as  secretary,  to  carry  out  the  plans 
of  the  board,  who  shall  receive  such  compensation  for  his  services  as  shall  be 
agreed  upon  by  the  board:  Provided,  That  all  expenses  incurred  under  this  act 
shall  not  exceed  the  amount  hereinafter  provided.  Said  directors  shall  serve 
without  compensation,  but  shall  be  allowed  their  necessary  expenses  incurred  in 
discharge  of  the  duties  of  their  office.  (April  16,  1885.) 

SEC.  409-17.  This  bureau  shall  annually  make  a  report  to  the  governor,  which 
shall  contain  the  results  of  the  investigation,  together  with  such  other  information 
as  the  board  may  deem  necessary  for  the  promotion  of  forestry  in  this  State.  Five 
thousand  copies  of  this  report  are  to  be  printed  by  the  State,  2,000  of  which  shall 
be  distributed  by  this  bureau  of  forestry,  and  the  remainder  by  the  general  assem- 
bly. (April  16,  1885.) 

SEC.  409-18.  There  is  hereby  appropriated  for  the  ensuing  year,  for  the  main- 
tenance of  said  bureau,  the  sum  of  $1,000,  or  so  much  thereof  as  may  be  necessary 
for  the  purpose  of  meeting  the  actual  expenses  of  carrying  out  the  provisions  of 
this  act.  (April  16, 1885.) 

Laws,  1891,  369  G:  SECTION  1.  The  assent  of  the  State  is  hereby  signified  to  the 
aforesaid  act  of  Congress  [of  August  30, 1890] ,  and  to  all  the  purposes,  conditions, 
and  provisions  therein  contained,  and  the  faith  of  the  State  of  Ohio  is  hereby 
pledged  to  the  performance  of  all  such  purposes,  conditions,  and  provisions. 

SEC.  2.  The  treasurer  of  the  Ohio  State  University  is  hereby  designated  to  receive 
the  moneys  appropriated  by  said  act  of  Congress.  (May  4,  1891.) 

Laws,  1902,  373  G:  SECTION  1.  There  is  hereby  appropriated  from  any  moneys 
raised  or  coming  into  the  State  treasury  to  the  credit  of  the  Ohio  State  University 
fund,  not  otherwise  appropriated,  for  the  last  three  quarters  of  the  fiscal  year 
ending  November  15,  1902,  and  the  first  quarter  of  the  fiscal  year  ending  Novem- 
ber 15,  1903,  the  sum  of  $300,000,  or  so  much  as  may  come  into  the  treasury  to  the 
credit  of  said  fund;  and  for  the  last  three  quarters  of  the  fiscal  year  ending 
November  15,  1903,  and  the  first  quarter  of  the  fiscal  year  ending  November  15, 
1904,  the  sum  of  $300,000,  or  so  much  as  may  come  into  the  treasury  to  the  credit 
of  such  fund,  to  be  applied  to  the  uses  and  purposes  of  the  Ohio  State  University 
in  accordance  with  the  provisions  of  section  3951  of  the  Revised  Statutes  of  Ohio 
as  amended  May  8,  1902.  (May  10,  1902.) 

Laws,  1902,  376  G:  SECTION  1.  The  board  of  trustees  of  the  Ohio  State  Univer- 
sity, for  the  purpose  of  providing  for  the  erection  of  needed  buildings  and  improve- 
ments and  the  securing  of  needed  equipment  and  for  the  payment  of  the  costs, 
expenses  and  estimates  thereof,  as  the  work  progresses,  is  hereby  authorized  to 
issue  from  time  to  time  certificates  of  indebtedness  to  an  amount  not  exceeding  in 
the  aggregate  $200,000  in  anticipation  of  the  annual  levies  authorized  by  section 
3951  of  the  Revised  Statutes  of  Ohio  as  amended  May  8,  1902. 

SEC.  2.  The  certificates  of  indebtedness  herein  authorized  shall  be  signed  by  the 
president  and  secretary  of  said  board  of  trustees  and  sealed  with  the  seal  of  said 
university,  shall  bear  such  rate  of  interest,  not  exceeding  4  per  cent  per  annum, 
payable  semiannually,  as  said  board  of  trustees  may  determine  and  shall  be  pay- 
able by  said  board  of  trustees  out  of  the  revenues  in  anticipation  of  which  they 
shall  be  issued  as  herein  provided;  and  the  moneys  arising  from  the  issue  of  such 
certificates  shall  be  applied  exclusively  to  the  purposes  for  which  such  certificates 
shall  be  issued.  Said  certificates  of  indebtedness  shall  be  sold  by  sai'd  board  of 


LAWS    KELATING    TO    LAND-GRANT    COLLEGES.  161 

trustees  at  not  less  than  their  par  value  to  the  highest  bidder,  after  notice  of  the 
sale  thereof  has-been  given  in  a  newspaper  of  general  circulation  published  in  the 
city  of  New  York,  and  also  in  the  cities  of  Cohimbus,  Cincinnati,  Cleveland,  and 
Toledo;  or  may  be  issued  to  contractors  for  said  buildings  and  improvements  in 
payment  of  estimates  for  work  and  materials  done  or  furnished  by  them.  (May 
10,  1902.) 

OKLAHOMA. 

[The  folio-wing  matter  is  tukon  from  "  The  Statutes  of  Oklahoma,  1893.    Being  a  compilation  of 
'    '      '  "       riled  tinder  the  direction  and 


all  the  laws  now  in  force  in  the  Territory  of  Oklahoma.    Compl 

supervision  of  Robert  Martin,  secretary  of  the  Territory,  by  W.  A.  McCartney,  John  H.  Beatty, 

and  J.  Malcolm  Johnston,  a  committee  elected  by  the  legislative  assembly."    Guthrie,  Okla.,  1893.] 

*  Chapter  I:  SECTION  1.  The  provisions  of  an  act  of  Congress  entitled  "An  act  to 
establish  agricultural  experimental  stations  in  connection  with  the  colleges  estab- 
lished in  the  several  States  under  the  provisions  of  an  act  approved  July  2,  1862, 
and  the  acts  supplementary  thereto,"  approved  March  2, 1887,  are  hereby  accepted 
by  the  Territory  of  Oklahoma;  and  the  Territory  hereby  agrees  and  obligates  itself 
to  comply  with  all  the  provisions  of  said  act. 

SEC.  2.  Upon  the  approval  of  this  act  by  the  governor,  he  is  hereby  instructed  to 
transmit  a  certified  copy  of  the  same  to  the  Secretary  of  State  and  the  Secretary  of 
the  Interior  of  the  United  States.  (October  27, 1890. ) 

[Sections  3-2G  comprise  the  provisions  of  an  act  of  December  25,  I860,  as  amended  March  13, 1893.] 

SEC.  3.  An  agricultural  and  mechanical  college  is  hereby  located  in  Payne 

County.     It  shall  be  the  duty  of  the  governor  to  appoint  three  competent  citizens 

of  said  Territory  as  a  board,  whose-  <luty  it  shall  be  to  locate  such  institution  at 

some  point  in  Payne  County  and  report  their  actions  and  doings  to  the  governor 

ive  thereto  within  ninety  days  after  their  appointment. 

Si.r.  4.  The  institution  shall  be  known  as  the  Oklahoma  Agricultural  and 
Mechanical  College,  and  shall  lie  an  institution  corporate  under  the  laws  of  Okla- 
homa; and  the  government  and  management  thereof  is  hereby  vested  in  a  board 
of  regents  to  be  known  as  the  "agricultural  and  mechanical  college  board  of 
regents." 

.  5.  The  leading  object  of  said  college  shall  be  to  give  instruction  in  agricul- 
ture, the  mechunical  arts,  the  English  language,  and  the  various  branches  of 
mathematical,  physical,  natural,  and  economic  sciences,  with  special  reference  to 
their  application  in  the  industries  of  life:  and  to  that  end  there  shall  be  established 
a  sufficient  number  of  professorships  for  teaching  the  above  branches,  including 
military  tactics,  and  such  arts  and  sciences  as  are  related  thereto:  which  prof ess- 
orships  shall  be  filled  by  able  and  efficient  persons,  aided  by  such  assistants  and 
instructors  as  shall  from  time  to  time  be  necessary. 

SEC.  6.  Such  institution  shall  not  be  located  by  said  commissioners  upon  less 
than  80  acres  of  land,  suitable  and  fit  for  use  as  an  agricultural  experimental  sta- 
tion, which  land  shall  be  conveyed  to  such  institution  for  the  use  and  benefit 
thereof  by  good  and  sufficient  title  thereto.  The  said  board  of  commissioners  to 
locate  said  site  shall  receive  as  compensation  for  their  services  $4  per  day  each 
for  the  time  actually  and  necessarily  employed,  together  with  all  necessary  and 
actual  expenses  incurred  in  the  discharge  of  their  duties,  to  be  audited  and  paid 
out  of  any  fund  in  the  Territorial  treasury  not  otherwise  appropriated. 

SEC.  7.  The  said  county  of  Payne  or  municipality  in  or  near  which  the  said 
agricultural  college  .shall  be  located  under  this  act  shall  issue  its  bonds  in  the  sum 
of  $10.000  and  deliver  the  same  to  the  secretary  of  the  Territory  of  Oklahoma,  to 
be  by  him  sold  for  said  Territory  at  not  less  than  their  par  value,  the  proceeds 
thereof  to  be  by  the  secretary  turned  over  to  the  treasurer  thereof,  to  be  placed  to 
the  credit  of  such  institution,  such  bonds  to  run  twenty  years  after  the  date  of 
their  issuance  and  draw  5  per  cent  interest,  payable  semiannually.  and  to  be 
issued  in  the  denomination  of  $1,000  each,  with  interest  coupons  thereto  attached: 
Provided,  If  such  county  or  municipality  shall  fail  or  refuse  to  issue  such  bonds 
or  convey  said  lands  after  demands  made  therefor  by  such  board,  such  institution 
may  be  relocated  elsewhere:  Provided  further,  That  a  majority  of  the  qualified 
voters  of  said  county  or  municipality  shall  at  an  election  called  for  that  purpose 
vote  "  for  "  the  proposition  to  issue  such  bonds.  The  proceeds  arising  from  sale 
of  such  bonds  shall  be  used  only  in  the  erection  of  the  building  for  such  institu- 
tion. Such  bonds  shall  be  payable  to  bearer. 

SEC.  8.  Such  college,  by  its  regents,  may  take  title  to  real  estate,  enter  into  con- 
tract, locate  buildings,  and  do  all  things  necessary  to  make  the  college  effective 
as  an  educational  institution. 
ED   1903 11 


162  EDUCATION    EEPOET,  1903. 

SEC.  9.  Such  board  of  regents  shall  consist  of  five  members  and  the  governor  of 
Oklahoma,  who  shall  be  ex  officio  a  member  of  such  board.  The  governor  shall 
nominate  and  appoint  such  regents,  who  shall  hold  their  office  [two  of  them?]  for 
two  years  and  three  of  them  for  four  years  and  until  their  successors  shall  be 
appointed  and  confirmed  biennially  by  the  legislative  council:  Provided,  That  the 
governor  and  council  shall  fill  all  vacancies  in  said  board  existing  during  the  ses- 
sion of  the  legislature  and  that  the  governor  shall  fill  such  vacancies  only  as  occur 
when  the  legislature  is  not  in  session.  The  governor  shall  cause  to  be  issued  to 
each  of  said  regents  a  commission  under  the  seal  of  the  Territory. 

SEC.  10.  At  the  first  meeting  of  said  board  it  shall  organize  by  the  members 
thereof  taking  and  subscribing  an  oath  of  office  as  required  by  all  civil  officers  of 
the  Territory,  and  shall  then  proceed  to  elect  a  president  and  treasurer,  and  the 
president  shall  be  president  of  the  college  and  shall  be  secretary  of  the  board.  A 
majority  of  the  board  shall  be  a  quorum  for  the  transaction  of  business.  The 
board  shall  require  a  bond  of  its  treasurer  and  fix  the  amount  thereof. 

SEC.  11.  The  board  of  regents  shall  hold  its  meetings  at  the  agricultural  college 
and  fix  the  time  of  holding  the  same:  Provided,  That  members  of  the  board 
shall  receive  as  compensation  for  their  services  $5  per  day  for  each  day  employed, 
not  to  exceed  twelve  days  in  any  one  year,  and  5  cents  per  mile  actually  and  neces- 
sarily traveled  in  attending  the  meetings  of  said  board,  which  sums  shall  be  paid 
out  of  the  Territorial  treasury  upon  the  vouchers  of  said  board. 

SEC.  12.  The  said  board  of  regents  shall  direct  the  dispositions  of  all  moneys 
appropriated  by  the  Territorial  legislature  or  by  Congress,  or  funds  arising  from 
the  sale  of  bonds  provided  for  in  this  act  for  the  agricultural  college  or  experi- 
mental station  for  Oklahoma  Territory,  and  shall  have  supervision  or  charge  of 
the  construction  of  all  buildings  provided  for  said  college  or  farm.  The  board  of 
regents  shall  have  power  to  employ  a  president  and  necessary  teachers,  instructors, 
and  assistants  to  conduct  said  school  and  carry  on  the  experimental  farm  con- 
nected therewith,  and  to  appoint  a  superintendent  of  construction  of  all  buildings, 
who  shall  receive  $3  per  day  for  each  day  actually  and  necessarily  engaged  in  the 
discharge  of  his  duties,  not  to  exceed  fifty  days  in  any  one  year,  which  sum  shall 
be  paid  out  of  the  Territorial  treasury  upon  the  vouchers  of  said  board.  The  said 
board  shall  audit  all  accounts  against  the  funds  appropriated  for  the  use  of  the 
agricultural  college  and  experimental  station,  and  the  Territorial  auditor  shall 
issue  his  warrant  upon  the  Territorial  treasurer  for  the  amount  of  all  accounts 
which  shall  have  been  audited  and  allowed  by  the  board  of  regents  and  attested 
by  the  president  and  secretary  of  the  same:  Provided,  That  no  member  of  the 
board  of  regents  shall  be  employed  upon  any  work  to  be  performed  in  connection 
with  the  agricultural  college,  nor  shall  any  such  regent  be  allowed  any  per  diemi 
except  as  provided  by  law,  and  provided  that  any  member  of  the  board  of  regents 
who  shall  not  have  complied  with  the  provisions  of  this  act  by  the  1st  of  April 
next  [1893] ,  the  governor  shall  declare  his  office  vacant  and  appoint  a  successor  as 
provided  by  law.  I 

SEC.  13.  An  auditing  committee,  composed  of  three  members  of  the  board  and  the 
Territorial  treasurer,  shall  audit  all  accounts  against  the  funds  appropriated  for  the 
use  of  the  agricultural  college  and  experimental  station.  The  Territorial  auditor 
shall  audit  all  accounts,  expenses,  per  diem,  etc.,  of  the  board  of  regents,  and  shall 
issue  his  warrant  upon  the  Territorial  treasurer  for  the  amount  of  such  accounts 
when  allowed  by  the  board  and  attested  by  the  president  and  secretary  of  the  same. 

SEC.  14.  A  full  course  of  study  in  the  institution  shall  embrace  not  less  than  four 
years,  and  the  college  year  shall  consist  of  not  less  than  nine  calendar  months, 
which  may  be  divided  into  terms  by  the  board  of  regents  as  in  their  judgment  will 
best  secure  the  objects  for  which  the  college  was  founded. 

SEC.  15.  The  board  of  regents  shall  fix  the  salaries  of  the  president,  professors, 
and  other  employees  and  prescribe  their  respective  duties.  The  board  may  remove 
the  president  of  the  college  or  subordinate  officers  for  just  cause  and  supply  all 
vacancies. 

SEC.  16.  The  faculty  shall  consist  of  the  president  of  the  college  and  the  pro- 
fessors, who  shall  make  all  needful  rules  and  regulations  for  the  government  and 
discipline  of  the  college  and  such  other  rules  necessary  to  the  preservation  of 
morals,  decorum,  and  health  of  students. 

SEC.  17.  The  president  shall  be  chief  executive  officer  of  the  agricultural  col- 
lege, and  it  shall  be  his  duty  to  see  that  all  rules  and  regulations  are  executed,  and 
the  subordinate  officers  and  employees,  not  members  of  the  faculty,  shall  be  under 
his  direction  and  supervision. 

SEC.  18.  The  president  of  the  college  and  board  of  regents  shall  constitute  a  com- 
mittee to  fix  the  rate  of  wages  to  be  allowed  to  students  for  labor  on  the  farm  or 
in  the  shops  or  kitchen  of  the  agricultural  college. 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  163 

SEC.  19.  The  faculty  shall  make  an  annual  report  to  the  board  of  regents  on  or 
before  the  first  Monday  in  December  of  each  year,  showing  the  condition  of  the 
school  and  farm  and  the  results  of  farm  experiments,  and  containing  such  recom- 
mendations as  the  welfare  of  the  institution,  in  their  opinion,  demands. 

SEC.  20.  The  board  of  regents  shall  make  a  report  to  the  governor  on  or  before 
the  last  Monday  in  December  next  preceding  each  biennial  session  of  the  Territo- 
rial legislature,  containing  a  financial  statement  showing  the  condition  of  all 
funds  appropriated  for  the  use  of  the  agricultural  college  and  experimental  station; 
also  the  moneys  expended  and  the  purposes  for  which  the  same  were  expended  in 
detail;  also  the  condition  of  the  institution  and  the  results  of  all  experiments 
carried  on  there. 

SEC.  21.  The  board  of  regents  and  the  faculty  shall  have  power  to  confer  degrees 
upon  all  persons  who  shall  have  completed  the  course  of  study  prescribed  for  such 
school  by  the  board  and  faculty  and  who  shall  have  passed  a  satisfactory  exami- 
nation upon  the  studies  contained  in  said  course  and  who  shall  be  known  to  possess 
a  good  moral  character. 

SEC.  22.  There  is  hereby  established  an  agricultural  experimental  station  in  con- 
nection with  the  agricultural  college  by  this  act  established,  and  under  the  direc- 
tion of  the  board  of  regents,  for  the  purpose  of  conducting  experiments  in  agri- 
culture according  to  the  terms  of  the  acts  of  Congress  establishing  agricultural 
colleges  and  experimental  stations. 

SEC.  23.  The  assent  of  the  legislature  of  the  Territory  of  Oklahoma  is  hereby 
given,  in  pursuance  of  the  requirements  of  section  9  of  said  act  of  Congress, 
approved  March  3  [2] ,  1887,  to  the  grant  of  money  therein  made  and  to  the  estab- 
lishing of  an  experimental  station  in  accordance  with  section  1  of  said  last- 
mentioned  act,  and  assent  is  hereby  given  to  carry  out  all  and  singular  the 
provisions  of  all  the  acts  of  Congress. 

SEC.  24.  The  board  of  regents  hereby  established,  in  connection  with  the  gov- 
ernor and  secretary  of  the  Territory,  shall  be  fully  authorized  to  receive  from  the 
United  States  any  and  all  appropriations  made  for  the  support  or  maintenance  of 
agricultural  colleges  within  the  Territory,  and  shall  be  authorized  to  receipt  for 
the  same,  and  shall  be  chargeable  therewith  when  received  from  the  United  States. 

SEC.  25.  Citizens  of  Oklahoma  between  the  ages  of  14  and  30  years  who  shall 
pass  a  satisfactory  examination  in  reading,  arithmetic,  geography,  English  gram- 
mar, and  United  States  history,  and  who  are  known  to  possess  a  good  moral 
character,  may  be  admitted  to  all  the  privileges  of  the  institution. 

SEC.  26.  The  board  shall  possess  a  common  seal,  which  shall  be  attached  by  the 
president  of  the  board,  or  president  of  the  college  when  the  board  is  not  in  session, 
to  all  diplomas,  honorary  degrees,  and  all  public  documents  emanating  from  the 
college. 

Chapter  9,  article  2:  SEC.  15.  The  governor,  secretary,  and  treasurer  of  the  Ter- 
ritory of  Oklahoma  are  hereby  authorized  and  empowered  t:>  issue  the  bonds  of 
said  Territory  in  the  sum  of  $15,000  for  the  use  and  benefit  of  the  agricultural  and 
mechanical  college  of  the  Territory  of  Oklahoma,  located  at  Stillwater,  in  Payne 
County,  in  said  Territory,  the  said  bonds  to  be  of  the  denomination  of  $500  each 
and  bear  interest  at  the  rate  of  6  per  cent  per  annum,  payable  annually,  for  which 
interest  coupons  shall  be  attached  to  said  bonds  and  run  thirty  years  from  their 
date,  and  payable  at  any  time  after  ten  years  from  their  date  at  the  will  of  the 
Territory. 

SEC.  16.  Said  bonds  shall  be  styled  Territorial  agricultural  and  mechanical  col- 
lege bonds,  and  when  issued  shall  be  delivered  to  the  treasurer  of  said  Territory, 
and  shall  be  by  the  treasurer  of  said  Territory  sold  at  not  less  than  par,  and  with- 
out the  payment  of  commission  for  their  sale;  and  the  fund  arising  from  the  sale 
of  said  bonds  shall  be  a  separate  fund  in  the  treasury  of  said  Territory  for  the  use 
and  benefit  of  said  agricultural  and  mechanical  college  of  the  Territory  of  Okla- 
homa, and  shall  be  expended  by  the  agricultural  and  mechanical  college  board  of 
regents  for  the  purposes  of  the  erection  of  suitable  building  or  buildings  for  the 
use  of  said  agricultural  and  mechanical  college. 

SEC.  17.  The  said  fund  arising  from  the  sale  of  said  bonds  shall  be  charged  to 
the  treasurer  of  said  Territory  by  the  auditor  thereof,  and  shall  be  paid  out  only 
for  the  purpose  aforesaid  and  upon  an  order  in  writing  signed  by  the  president  of 
said  agricultural  and  mechanical  college,  and  countersigned  by  the  auditor  of  said 
Territory;  and  upon  returning  said  orders  duly  paid  to  the  auditor  of  said  Terri- 
tory the  treasurer  shall  receive  credit  for  the  amount  so  paid. 

SEC.  18.  The  said  bonds  shall  be  issued  by  the  governor,  secretary,  and  treas- 
urer of  the  Territory  of  Oklahoma  at  any  time  after  the  passage  of  this  act,  upon 
request  in  writing  of  the  agricultural  and  mechanical  college  board  of  regents. 
SEC.  19.  Said  agricultural  and  mechanical  college  board  of  regents  shall  have 


164  EDUCATION   EEPOET,  1903. 

power  to  do  any  and  all  things  necessary  to  the  construction  of  said  buildings: 
Provided,  however.  That  no  contract  shall  be  made  or  be  binding  on  the  Territory 
that  shall  not  be  authorized  by  said  agricultural  and  mechanical  college  board  of 
regents  at  a  meeting  duly  called  for  that  purpose,  of  which  each  member  shall 
have  at  least  five  days'  notice  in  writing  and  in  accordance  with  the  provisions  of 
this  act. 

SEC.  20.  Before  letting  any  contract  for  the  furnishing  of  any  material  or  the 
performance  of  any  labor  upon  said  buildings  to  any  contractor  it  shall  be  the 
duty  of  said  board  of  regents  to  adopt  certain  plans  and  specifications  prepared 
by  competent  architects,  giving  on  [an?]  estimate  cost  of  said  proposed  buildings, 
and  the  contracts  shall  be  let  with  the  view  to  the  erection  of  said  buildings 
according  to  said  plans  and  specifications;  and  before  any  contract  for  the  erection 
of  said  buildings,  or  for  the  furnishing  of  any  material,  or  for  the  performance  of 
any  portion  of  the  work  let  separately,  it  shall  be  the  duty  of  the  board  to  take 
good  and  sufficient  bond  from  the  contractor  or  contractors  for  the  faithful  per- 
formance of  said  work. 

^  SEC.  21.  No  contract  shall  be  let  for  the  furnishing  of  the  material  or  any  por- 
tion of  the  material  used  in  the  erection  of  said  buildings,  or  the  construction 
thereof,  until  said  board  of  regents  shall  have  given  thirty  days'  notice  in  one 
weekly  newspaper  published  at  Stillwater,  in  Payne  County,  in  said  Territory,  and 
in  one  daily  newspaper  published  at  Guthrie,  in  said  Territory,  of  the  intention  to 
purchase  such  material  and  let  such  contracts,  and  the  contracts  shall  be  let  to 
the  lowest  responsible  bidder  or  bidders,  who  shall  give  good  and  sufficient  bond, 
with  two  or  more  sureties,  for  the  faithful  performance  thereof,  according  to  the 
terms  of  the  contract:  Provided,  however,  That  the  said  board  of  regents  may  let 
the  contract  for  the  construction  of  said  buildings  as  an  entirety  to  one  person  or 
may  let  portions  thereof  to  different  persons,  as  the  board  of  regents  may  deter- 
mine shall  be  to  the  best  interests  of  said  agricultural  and  mechanical  college. 

SEC.  22.  For  the  purpose  of  paying  the  interest  on  the  said  bonds  hereinbefore 
provided  to  be  issued  for  the  use  and  benefit  of  said  University  of  Oklahoma,  Nor- 
mal School  for  the  Territory  of  Oklahoma,  and  Agricultural  and  Mechanical  Col- 
lege of  the  Territory  of  Oklahoma  there  is  hereby  levied  upon  all  taxable  prop- 
erty within  said  Territory  an  annual  tax  of  one-half  mill  on  the  dollar,  and  for 
the  purpose  of  creating  a  sinking  fund  for  the  payment  of  said  bonds  such  levy 
shall  be  made  as  the  Territorial  legislature  may  hereafter  prescribe.  [Sees.  15-22 
are  a  part  of  an  act  of  March  16,  1893.] 

Chapter  9,  article  4:  SECTION  1.  The  secretary  of  the  Territory  of  Oklahoma  is 
hereby  authorized  to  sell  the  bonds  hitherto  issued  by  the  town  of  Stillwater, 
Payne  County,  Okla.,  for  the  benefit  of  the  agricultural  and  mechanical  college 
situated  at  Stillwater,  Okla.,  which  said  bonds  are  hereby  legalized  and  approved: 
Provided,  That  in  case  the  bonds  shall  be  sold  for  less  than  par,  the  town  of  Still- 
water  shall  and  is  hereby  authorized  to  issue  city  warrants  in  a  sum  sufficient  to 
make  good  the  deficiency,  and  the  total  sum  of  $10,000  [shall  be?]  for  the  benefit 
of  said  school,  as  provided  in  chapter  2  of  the  general  statutes  of  Oklahoma. 
(March  14, 1893.) 

Laws,  1893,  council  joint  resolution  No.  8:  The  provisions  of  the  act  of  Congress 
approved  August  30,  1890,  *  *  *  are  hereby  accepted  by  the  Territory  of 
Oklahoma,  and  the  Territory  hereby  agrees  and  obligates  itself  to  comply  with 
'ill  the  provisions  of  said  act;  and  the  treasurer  of  the  Territory  is  designated  as 
the  proper  officer  to  receive  the  funds  therein  appropriated. 

Upon  the  approval  of  this  joint  resolution  by  the  governor , he  is  hereby  instructed 
to  transmit  certified  copies  of  the  same  to  the  Secretary  of  the  Interior  and  the 
Secretary  of  the  Treasury  of  the  United  States.  (March  7, 1893.) 

Laws,  1895,  chapter  4,  article  1:  SEC.  12.  [Appropriates]  For  the  expenses  of 
the  board  of  regents  of  the  Agricultural  and  Mechanical  College  for  the  years 
1895  and  1896,  $1,000.  (March  8,  1895.) 

Laws,  1897,  chapter  3:  SEC.  13.  [Appropriates]  For  expenses  of  the  board  of 
regents  of  the  Agricultural  and  Mechanical  College  the  sum  of  $1,000  for  the  years 
1897  and  1898.  (March  12,  1897.) 

Laws,  1897,  chapter  1 :  SECTION  1 .  The  Colored  Agricultural  and  Normal  Univer- 
sity of  the  Territory  of  Oklahoma  is  hereby  located  and  established  at  or  within  a 
convenient  distance  from  Langston,  in  Logan  County,  Oklahoma  Territory,  the 
exclusive  purpose  of  which  si  all  be  the  instruction  of  both  male  and  female  colored 
persons  in  the  art  of  teaching,  and  the  various  branches  which  pertain  to  a  com- 
mon school  education,  and  in  such  higher  education  as  may  be  deemed  advisable 
by  such  board,  and  in  the  fundamental  laws  of  the  United  States,  in  the  rights 
and  duties  of  citizens,  and  in  the  agricultural,  mechanical,  and  industrial  arts. 

SEC.  2.  The  Colored  Agricultural  and  Normal  University  shall  be  under  the 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  165 

direction  of  five  suitable  persons,  to  be  known  as  a  board  of  regents  of  the  Colored 
Agricultural  and  Normal  University  of  the  Territory  of  Oklahoma,  two  of  which 
shall  be  from  the  colored  race,  and  the  school  aforesaid  shall  be  governed  and 
supported  as  hereinafter  provided. 

SEC.  3.  Said  board  shall  consist  of  the  Territorial  superintendent  of  public 
instruction,  Territorial  treasurer,  and  three  others  to  be  appointed  by  the  governor, 
by  and  with  the  advice  of  the  council  of  the  legislative  assembly.  The  tenure  of 
office  of  said  board  shall  be  for  the  term  of  four  years.  The  Territorial  treasurer, 
by  virtue  of  his  office,  shall  bo  treasurer  of  said  board,  and  the  members  of  said 
board  shall  elect  from  their  members  the  president  and  the  secretary.  It  shall  be 
the  duty  of  the  secretary  to  keep  an  exact  and  detailed  account  of  the  doings  of 
said  board,  and  he  shall  make  such  reports  to  the  legislative  assembly  as  are 
required  by  this  act. 

SEC.  4.  Said  board  shall  have  power  to  appoint  suitable  persons  as  president  and 
unts  to  take  charge  of  said  university,  and  fix  the  salaries  of  each  and  their 
several  duties.  They  shall  also  have  power  to  remove  either  the  president  or 
assistants  and  appoint  others  in  their  stead.  They  shall  prescribe  the  various 
books  to  be  used  in  said  university,  and  shall  make  and  prescribe  such  laws  as 
may  be  necessary  for  the  good  government  and  management  of  the  same. 

Sir.  5.  The  said  board  shall  ordain  such  rules  and  regulations  for  the  admission 
of  pupils  to  said  university  as  they  deem  necessary  and  proper.  Every  applicant 
for  admission  shall  undergo  an  examination  in  such  manner  as  may  be  prescribed 
by  said  board,  and  the  board  may  in  its  discretion  require  an  applicant  for  admis- 
sion into  said  school,  other  than  such  as  shall  prior  to  such  admission  sign  and 
file  with  said  board  a  declaration  of  intention  to  follow  the  business  of  teaching 
school. in  the  territory,  t  >  pay  or  to  secure  to  l*e  paid  such  fees  or  tuition  as  the 
board  shall  deem  reasonable:  rn>rf<li-<I,  That  this  feature  shall  be  applicable  only 
to  the  normal  branch  of  said  university. 

SEC.  6.  After  s;iid  Agricultural  and  Normal  University  shall  have  commenced 
its  first  term,  and  at  least  once  in  each  year  thereaf ter,  it  shall  be  visited  by  three 
suitable  persons,  at  least  one  of  whom  shall  be  colored,  to  be  appointed  by  the 
governor,  who  shall  examine  thoroughly  the  affairs  of  the  school  and  report  to 
tli"  superintendent  of  public  instruction  and  to  said  board  their  views  in  regard 
to  its  condition,  success,  and  needs,  and  any  other  matters  they  may  deem  expe- 
dient. Such  visitors  shall  be  appointed  annually. 

SEC.  7.  As  soon  as  any  person  has  attended  said  university  twenty-two  weeks, 
said  person  may  l»e  examined  in  Hie  studies  required  by  law,  and  if  it  shall  appear 
that  such  person  pos^-ssi-s  the  learning  and  other  qualifications  necessary  to  teach 
a  common  school,  said  person  shall  receive  a^certincate  authorizing  him  or  her  to 
teach  a  common  school. 

SEC.  8.  The  funds  appropriated  for  the  benefit  of  said  university  shall  be  under 
the  direction  and  control  of  the  board  herein  created.  The  treasurer  of  the  Terri- 
tory shall  pay  out  of  such  funds  all  orders  or  drafts  for  money  expended  under 
the  provisions  of  this  act;  such  drafts  and  orders  to  be  drafts  of  the  Territorial 
auditor,  to  b;'  issued  upon  a  certificate  of  the  secretary  of  the  board,  countersigned 
by  the  president  of  said  board.  No  certificate  shall  be  given  except  upon  accounts 
audited  and  allowed  by  said  board  at  a  regular  meeting. 

SEC.  9.  Services  and  all  necessary  traveling  expenses,  as  hereinafter  provided, 
incurred  by  the  members  of  said  board  in  carrying  out  the  provisions  of  this  act, 
shall  be  paid  as  hereinbefore  provided  out  of  any  funds  belonging  to  the  said 
university  in  the  hands  of  the  treasurer  of  said  board  during  the  erection  and  com- 
pletion of  the  necessary  buildings.  The  principal,  assistants,  teachers,  and  said 
board,  and  other  officers  and  employes  of  such  university  shall  be  paid  out  of  the 
Colored  Agricultural  and  Normal  University  school  fund,  which  fund  is  hereby 
created.  The  members  of  said  board  of  regents  shall  be  entitled  to  $3  per  day 
and  5  cents  per  mile  for  all  time  actually  used  and  distance  necessarily  traveled 
in  attending  the  meetings  of  said  board. 

SEC.  10.  Said  board  of  regents  shall  hold  four  regular  meetings  in  each  year,  viz, 
in  the  first  week  in  April,  the  first  week  in  July,  the  first  week  in  October,  and  the 
first  week  in  January  of  each  year.  At  the  first  meeting  in  April  of  each  year  the 
officers  of  said  board  shall  be  elected.  The  meetings  of  the  board  shall  be  held  at 
the  office  of  the  governor  until  such  time  as  the  building  for  the  use  of  said  uni- 
versity shall  be  completed  and  thereafter  in  said  building.  Special  meetings  of 
said  board  may  be  called  upon  the  written  order  of  the  president  of  said  board, 
which  order  shall  specify  the  object  of  such  meeting.  The  majority  of  said  board 
shall  constitute  a  quorum  to  transact  business. 

.  11.  The  secretary  of  said  board  shall  annually,  on  the  1st  day  of  January 
of  each  year,  transmit  to  the  governor  a  full  report  of  the  expenditures  of  such 


166  EDUCATION   REPOKT,  1903. 

university  by  such  board  for  the  previous  year,  itemizing  the  same  in  detail,  and 
the  president  of  said  board  shall  at  the  same  time  make  a  full  and  complete 
report  of  the  results  attained  by  said  school. 

SEC.  12.  Such  board  shall  exercise  a  watchful  guardianship  over  the  morals  of 
the  pupils  at  all  times,  and  no  religious  or  sectarian  tests  shall  be  applied  in  the 
selection  of  teachers  and  none  shall  be  adopted  in  said  university. 

SEC.  13.  For  the  purpose  of  locating  and  supporting  said  university  there  shall 
be  furnished  40  acres  of  land  lying  within  a  convenient  distance  of  Langston,  which 
shall,  without  cost  to  the  Territory,  be  conveyed  by  good  and  sufficient  warranty 
deed  to  said  board  of  regents  for  the  use  and  benefit  of  said  university,  not  less 
than  10  acres  of  which  land  shall  be  reserved  for  a  site  upon  which  to  erect  buildings 
for  said  university,  and  the  remainder  shall  be  used  in  experimental  agriculture. 

SEC.  14.  For  the  purpose  of  this  act  the  sum  of  $5,000  is  hereby  appropriated  out 
of  any  funds  in  the  Territorial  treasury  not  otherwise  appropriated,"  which  appro- 
priation shall  be  for  the  erection  and  completion  of  one  wing  of  a  suitable  build- 
ing for  such  university  and  for  the  maintenance  of  the  officers  and  the  board  and 
corps  of  teachers  and  instructors  created  and  authorized  to  be  employed  under 
this  act. 

SEC.  15.  Any  person  who  shall  complete  the  full  course  of  instruction  in  said 
university  shall,  upon  passing  proper  examination,  receive  a  diploma,  which  shall 
be  signed  by  the  president  of  said  university  and  the  president  and  secretary  of  the 
board  of  regents. 

SEC.  16.  Any  person  having  obtained  a  diploma  from  the  normal  department  of 
said  university  shall  be  permitted  to  teach  in  any  common  school  of  the  Territory 
of  Oklahoma  for  a  period  of  five  years  from  the  date  thereof,  said  authority  to 
teach  being  subject  to  revocation  for  any  proper  and  sufficient  cause.  (March  12, 
1897.) 

Laws,  1899,  chapter  3,  article  1:  SECTION  1.  There  is  hereby  appropriated,  out  of 
any  money  in  the  Territorial  treasury  not  otherwise  appropriated,  the  sum  of 
$30,000,  to  be  divided  cr  apportioned  among  the  various  educational  institutions 
of  the  Territory  of  Oklahoma  as  hereinafter  provided. 

SEC.  2.  To  the  Agricultural  and  Mechanical  College  at  Stillwator,  the  sum  of 
$20,000,  to  be  expended  for  building  purposes  under  the  direction  of  the  board  of 
regents  of  the  said  college.  To  the  Colored  Agricultural  and  Normal  University 
at  Langston,  the  sum  of  $10,000,  to  be  expended  for  building  purposes  under  the 
direction  of  the  board  of  regents  of  the  said  university. 

SEC.  3.  The  Territorial  auditor  shall  draw  warrants  upon  properly  authenticated 
vouchers  for  such  amounts  thereof  as  may  be  by  him  found  due  upon  auditing  the 
respective  claims  therefor,  in  favor  of^the  persons  to  whom  such  claims  are  allowed, 
upon  the  Territorial  treasury. 

SEC.  4.  The  Agricultural  and  Mechanical  College  at  Stillwater  shall  hereafter 
receive,  annually,  nine-tenths  of  the  money  granted  to  the  Territory  of  Oklahoma 
for  the  more  complete  endowment  and  support  of  its  colleges  for  the  benefit  of 
agricultural  and  mechanical  arts,  as  provided  in  an  act  of  Congress  approved 
August  30,  1890,  and  the  university  located  at  Langston  shall  receive  the  residue 
of  said  money  granted,  to  be  received  and  paid  out  as  provided  by  this  act. 

Ssc.  5.  For  the  further  support  of  the  university  at  Langston  there  is  hereby 
appropriated  out  of  the  balance  of  the  Morrill  fund,  to  the  credit  of  the  Agricul- 
tural and  Mechanical  College  at  Stillwater,  on  November  30,  1898,  the  sum  of 
$15,000. 

SEC.  6.  The  treasurer  of  the  Territory  of  Oklahoma  shall,  upon  the  receipt  of 
the  money  granted  by  said  act  of  Congress  approved  August  30,  1890,  apportion 
said  money  as  required  by  this  act  between  the  aforesaid  institutions.  The  said 
treasurer  shall  pay  to  each  of  said  institutions  its  proportion  as  provided  by  this 
act,  upon  the  order  of  the  Territorial  auditor,  and  take  receipt  for  the  same. 

SEC.  7.  The  passage  of  this  act  and  the  execution  in  good  faith  of  the  provisions 
of  the  same  shall  be  deemed  to  all  intents  and  purposes  a  full  and  complete  assent 
on  the  part  of  the  Territory  of  Oklahoma  to  the  act  of  Congress  granting  said 
money  for  the  purposes  aforesaid,  as  required  by  section  2  of  said  act  of  Congress 
approved  August  30,  1890,  wTith  all  the  conditions  and  limitations  imposed  by  said 
last  recitzd  act  of  Congress  upon  the  Territory  of  Oklahoma;  and  the  Territory  of 
Oklahoma  pledges  its  faith  and  credit  that  it  will  on  its  part  carry  out  and  execute 
said  conditions  and  limitations.  (March  10,  1899.) 

Laws,  1899,  article  2:  SEC.  12.  [Appropriates]  For  the  expenses  of  the  board  of 
regents  of  the  Agricultural  and  Mechanical  College,  of  the  normal  schools,  and  of 
the  Territorial  university  for  the  years  1899  and  1900,  the  sum  of  $300  per  annum 
for  each  board:  Provided,  Any  officer  being  a  member  of  said  board  ex  officio 
shall  receive  no  per  diem. 


LAWS    RELATING    TO    LAND-GEANT    COLLEGES.  1(57 

Laws,  1899,  chapter  28,  article  4:  SECTION  1  [as  amended  March  16,  1903].  The 
rale  of  general  Territorial  tax  shall  not  be  less  than  one-half  mill  or  more  than  3 
mills  on  the  dollar  valuation,  and  in  addition  it  shall  be  the  duty  of  the  Territo- 
rial board  of  equalization  to  make  *  *  *  for  the  support  of  the  Agricultural 
and  Mechanical  School  at  Stillwater  a  levy  sufficient  to  raise  the  amount  of  $12,000 
for  each  of  the  years  1903  and  1904;  for  the  Agricultural  and  Normal  University 
at  Langston,  a  levy  sufficient  to  raise  the  sum  of  $10,000  for  each  of  the  years  1903 
and  1904:  *  *  Provided,  That  all  funds  collected  under  the  provisions  of  this 
act  for  the  benefit  of  the  Territorial  educational  institutions  be,  and  the  same  is 
[are]  hereby,  appropriated  to  the  purpose  for  which  it  is  [they  are]  collected; 
and  any  amount  raised  under  the  provisions  of  this  section  in  excess  or  the  actual 
needs  of  any  of  the  institutions  mentioned  herein  shall  be  returned  to  the  Terri- 
torial treasurer  and  credited  to  the  general  school  fund  of  the  Territory. 

Laws,  1899,  chapter  25,  article  1:  SECTION  1  [as  amended  March  16,  1903].  The 
board  of  school  land  commissioners,  immediately  after  the  passage  and  approval 
of  this  act,  and  once  every  six  months  thereafter,  shall  apportion  the  funds  on 
hand  derived  from  the  leasing  of  section  13,  reserved  for  university,  agricultural 
college,  and  normal  school  purposes,  in  the  following  manner,  to  wit:  One-seventh 
of  the  total  amount  for  the  use  and  benefit  of  the  University  of  Oklahoma  at  Nor- 
man, one-seventh  of  the  total  amount  for  the  use  and  benefit  of  the  Agricultural 
and  Mechanical  College  at  Stillwater,  one-seventh  of  the  total  amount  for  the 
use  and  benefit  of  the  Territorial  Normal  School  at  Edmond,  one-seventh  of  the 
total  amount  for  the  use  and  benefit  of  the  Northwestern  Normal  School  at  Alva, 
one-seventh  of  the  total  amount  for  the  use  of  the  Southwestern  Normal  School 
at  Weatherford,  one-seventh  of  the  total  amount  for  the  use  and  benefit  of  the 
University  Preparatory  School  at  Tonkawa,  one-seventh  of  the  total  amount  for 
the  use  of  the  Colored  Agricultural  and  Normal  University  at  Langston.  The 
money  thiis  apportioned  for  the  purposes  aforesaid  shall  be  paid  to  the  proper 
officer  designated  to  receive  money  in  the  several  acts  or  parts  of  acts  establish- 
ing these  institutions,  to  be  expended  under  the  same  conditions  and  restrictions 
as  other  funds  for  the  support  of  these  institutions.  (March  16,  1903.) 

Laws.  1901,  chapter  31,  article  1:  SECTION  1.  The  board  of  regents  of  the  Col- 
ored Agricultural  and  Normal  University  at  Langston  is  hereby  authorized  to 
contract  under  the  terms  of  this  act  for  the  construction  of  an  assembly  hall  and 
three  additional  class  rooms,  the  same  to  be  an  addition  to  the  assembly  building 
already  constructed,  and  a  sum  not  exceeding  35  per  cent  of  the  amount  realized 
from  the  tax  levy  hereinafter  provided  for  shall  be  expended  for  such  purposes; 
a  sum  not  exceeding  25  per  cent  of  the  amount  realized  from  such  levy  shall  be 
expended  in  constructing  a  dormitory  for  boys,  and  a  sum  not  exceeding  5  per 
cent  of  the  amount  realized  from  such  levy  shall  be  expended  in  the  construction 
of  a  residence  for  the  president  of  said  university  at  some  suitable  place  on  the 
grounds  belonging  to  said  university,  and  the  remaining  35  per  cent  of  the  sum 
realized  from  said  levy  shall  be  expended  in  paying  off  deficiencies  unpaid  on 
June  30,  1901,  and  in  payment  of  salaries  for  instructors,  incidental  expenses,  and 
the  purchase  of  necessary  stock  for  the  equipment  of  said  university,  and  in  con- 
structing a  necessary  system  of  waterworks  therefor.  The  sums  provided  for  the 
construction  of  the  buildings  mentioned  shall  also  cover  the  installation  of  heat- 
ing and  lighting  systems  and  of  necessary  furniture  therefor;  and  any  sums  not 
used  for  the  above-mentioned  purposes  shall  be,  and  they  are  hereby,  appropri- 
ated for  such  purposes  as  the  board  of  regents  of  said  university  may  determine: 
Provided,  That  such  board  shall  not  have  power  to  contract  for  buildings  or  other 
things  authorized  by  this  act  to  an  amount  exceeding  in  the  aggregate  the  amount 
to  be  levied,  based  upon  the  last  assessment  of  the  taxable  property  of  said  Terri- 
tory for  county  and  Territorial  purposes,  which  shall  precede  the  making  of  such 
contracts:  And  provided  further,  That  the  total  sum  expended  for  the  buildings 
and  all  other  purposes  mentioned  in  this  act  shall  not  in  any  case  exceed  in  amount 
$32,000. 

SEC.  5.  For  the  purpose  of  paying  for  the  buildings  provided  for  herein  there  is 
hereby  levied  upon  all  taxable  property  of  the  Territory  a  tax  of  three-tenths  mill 
on  the  dollar  for  the  year  1901,  and  a  tax  of  two- tenths  mill  on  the  dollar  for  the 
year  1903,  the  same  to  be  levied  upon  the  property  of  the  Territory  for  the  years 
1901  and  1902.  The  fund  derived  from  such  taxes  shall  be  known  as  the  "  Colored 
Agricultural  and  Normal  University  building  fund,"  and  shall  be  available  and 
used  by  the  board  of  regents  only  for  the  purpose  of  constructing  such  buildings 
and  for  the  other  purposes  mentioned  in  section  1  of  this  act;  and  all  funds  arising 
from  said  tax  levy  under  the  provisions  of  this  act  are  hereby  appropriated  to  said 
purposes.  (March  8,  1901.) 

Laws,  1901,  chapter  31,  article  3:  SECTION  1.  The  board  of  regents  of  the  Agri- 


168  EDUCATION    KEPOBT,   1903. 

cultural  and  Mechanical  College  and  Experiment  Station  of  Oklahoma  Territory 
at  Still  water  is  hereby  authorized  to  contract,  under  the  terms  of  this  act,  for  the 
construction  of  an  assembly  hall  and  quarters  for  the  departments  of  botany  and 
entomology,  the  same  to  be  an  addition  to  the  library  building  already  constructed, 
and  a  sum  not  exceeding  50  per  cent  of  the  amount  realized  from  the  tax  levy  here- 
inafter provided  for  shall  be  expended  for  such  purpose;  a  sum  not  exceeding  30 
per  cent  of  the  amount  realized  from  such  levy  shall  be  expended  in  constructing 
an  engineering  building;  and  a  sum  not  exceeding  10  per  cent  of  the  amount  real- 
ized from  such  levy  shall  be  expended  in  the  construction  of  a  smokestack  and  a 
boiler  house  and  in  centralizing  the  heating  system;  and  a  sum  not  exceeding  10 
per  cent  of  the  amount  realized  from  said  levy  shall  be  expended  in  the  construc- 
tion of  a  barn  on  the  college  farm.  The  sums  provided  for  the  construction  of  the 
buildings  mentioned  shall  also  cover  the  installation  of  heating  and  lighting  sys- 
tems and  of  necessary  furniture:  Provided,  That  such  board  shall  not  have  power 
to  contract  for  buildings  or  other  things  authorized  by  this  act  to  an  amount 
exceeding  in  the  aggregate  the  amount  to  be  levied,  based  upon  the  last  assessment 
of  taxable  property  of  said  Territory  for  county  and  Territorial  purposes  which 
shall  precede  the  making  of  such  contracts:  And  provided  further,  That  the  total 
amount  expended  for  buildings  and  all  other  purposes  authorized  by  this  act 
shall  not  in  any  case  exceed  the  sum  of  $46,000:  And  provided  further,  That  any 
casual, balance  that  may  remain  unexpended  shall  be  used  for  the  repair  of  exist- 
ing buildings  owned  by  the  college  and  for  the  construction  of  fences  on  the  col- 
lege farm. 

SEC.  5.  For  the  purpose  of  paying  for  the  buildings  provided  for  herein  there  is 
hereby  levied  upon  all  taxable  property  of  the  Territory  a  tax  of  three-tenths  of  1 
mill  on  the  dollar  for  the  year  1901,  and  a  tax  of  four-tenths  of  1  mill  on  the  dol- 
lar for  the  year  1902.  The  fund  derived  from  such  taxes  shall  be  known  as  the 
"Agricultural  and  Mechanical  College  building  fund,"  and  shall  be  available  and 
used  by  the  board  of  regents  only  for  the  purpose  of  constructing  such  buildings 
and  for  the  other  purposes  mentioned  in  section  1  of  this  act;  and  all  funds  arising 
from  said  tax  levy  under  the  provisions  of  this  act  are  hereby  appropriated  to  said 
purposes.  (March  8,  1901.) 


OREGON. 

Laws,  1868:  SECTION  1.  J.  F.  Miller,  J.  H.  Douthit,  and  J.  C.  Avery  are  hereby 
constituted  a  board  of  commissioners,  with  power  (1)  to  locate  all  the  lands  to 
which  this  State  is  entitled  by  act  of  Congress  for  the  purpose  of  establishing  an 
agricultural  college,  and  as  soon  as  such  locations  are  made  to  report  the  same  to 
the  secretary  of  state;  (2)  to  take  into  consideration  the  further  organization  and 
perfecting  of  a  plan  for  the  permanent  establishment  of  such  college,  in  accord- 
ance with  the  requirements  of  the  act  of  Congress  making  such  donations,  and 
report  the  same  to  the  governor  by  August  1, 1870;  (3)  to  fill  all  vacancies  in  the 
college  by  appointment  that  may  occur  in  any  senatorial  district  under  the  provi- 
sions of  this  act. 

SEC.  2.  That  until  other  provisions  are  made  the  Corvallis  College  is  hereby 
designated  and  adopted  as  the  agricultural  college,  in  which  all  students  sent 
under  the  provisions  of  this  act  shall  be  instructed  in  all  the  arts,  sciences,  and 
other  studies,  in  accordance  with  the  requirements  of  the  act  of  Congress  making 
such  donation. 

SEC.  3.  Each  State  senator  is  hereby  authorized  and  empowered  to  select  one 
student,  not  less  than  16  years  of  age,  who  shall  be  received  by  the  faculty  of  said 
college  and  instructed  by  them  in  the  manner  provided  in  this  act  for  the  space 
of  two  years,  unless  such  student  shall  be  discharged  for  misconduct:  Provided, 
however,  That  this  act  shall  not  be  binding  until  the  trustees  of  said  college  shall 
adopt  a  resolution  and  file  a  certified  copy  thereof  with  the  secretary  of  state, 
assenting  to  and  agreeing  on  their  part  to  faithfully  carry  out  the  provisions  of 
this  act. 

SEC.  4.  Upon  the  certificate  of  the  president  of  the  Corvallis  College  that  any 
student  so  appointed  is  in  attendance  at  the  school  it  shall  be  the  duty  of  the  sec- 
retary of  state  at  the  middle  of  each  quarter  to  draw  his  warrant  upon  the  State 
treasurer  in  favor  of  the  said  college  for  the  sum  of  $11.25  for  each  student  so 
attending.  And  it  shall  be  the  duty  of  the  State  treasurer  to  pay  such  warrants  out 
of  any  funds  in  his  hands  not  otherwise  appropriated,  and  a  separate  account  of 
such  funds  shall  be  kept  and  designated  the  "  agricultural  college  funds." 

SEC.  5.  All  funds  paid  out  in  accordance  with  the  provisions  of  the  foregoing 


LAWS    RELATING   TO    LAND-GRANT    COLLEGES.  169 

sections,  with  interest  thereon  at  10  per  cent  per  annum,  shall  be  refunded  to  the 
State  treasurer  from  the  first  interest  that  shall  accrue  from  the  proceeds  of  the 
sale  of  any  lands  located  for  said  college. 

SEC.  6.  The  board  of  commissioners  hereby  created  shall  make  all  the  reports 
required  by  law,  and  shall  each  receive  a  salary  of  $5  per  day  for  the  number  of 
days  actually  employed,  to  be  paid  upon  the  sworn  statement  of  such  commis- 
sioner. (October  27,  1868.) 

Laws,  1870:  SECTION  1.  Corvallis  College,  in  Benton  County,  is  hereby  desig- 
nated and  permanently  adopted  as  the  agricultural  college  of  the  State  of  Oregon, 
in  which  all  students  sent  under  the  provisions  of  law  shall  be  instructed  in  accord- 
ance with  the  requirements  of  the  act  of  Congress  approved  July  2, 1862,  granting 
public  lands  to  the  several  States  and  Territories  which  might  provide  colleges  for 
the  benefit  of  agriculture  and  the  mechanic  arts,  and  the  acts  amendatory  thereof. 

SEC.  2.  The  following  persons,  to  wit,  J.  C.  A  very,  L.  F.  Grover,  and  N.  H. 
Cranor,  are  hereby  constituted  a  board  of  commissioners  to  propose  a  plan  for  the 
instruction  and  education  of  the  students  in  said  agricultural  college,  and  to  pre- 
pare rules,  regulations,  and  by-laws  for  the  government  of  the  same,  all  of  which 
shall  be  submitted  to  the  legislative  assembly  at  its  next  regular  session  for  its 
adoption  or  rejection,  and  in  the  meantime  the  said  college  shall  be  governed  by 
and  under  the  provisions  of  the  act  of  the  legislative  assembly  approved  October 
27,  1868,  in  relation  to  said  college. 

SEC.  3.  The  board  of  trustees  of  Corvallis  College  shall,  by  resolution,  accept  the 
provisions  of  this  act  and  agree  to  be  bound  by  the  same  within  thirty  days  after 
its  passage,  and  cause  a  copy  of  said  resolution  to  be  filed  with  the  secretary  of 
state,  and  upon  their  failure  to  do  so  they  shall  be  deemed  to  have  rejected  its  pro- 
visions. (October  21,  1870.) 

Laws,  1872:  SECTION  1.  Each  State  senator  is  hereby  authorized  and  empowered 
to  select  two  students  not  less  than  16  years  of  age,  who  shall  be  received  by  the 
faculty  of  the  agricultural  college  of  this  State  and  instructed  by  them  according 
to  the  course  of  instruction  adopted  in  said  agricultural  college  for  the  term  of 
four  years  each.  *  *  * 

SEC.  3.  There  shall  be,  and  hereby  is,  appropriated,  out  of  the  general  fund  in 
the  treasury  not  otherwise  appropriated,  annually  the  sum  of  $5,000,  to  be  devoted 
to  the  general  support  of  the  agricultural  college  of  the  State  of  Oregon  under  the 
direction  of  the  regents  thereof:  Provided,  That  no  charge  shall  be  made  for  the 
tuition  of  any  students  appointed  in  accordance  with  law.  The  funds  herein  pro- 
vided for  to  be  disbursed  shall  be  drawn  and  paid  out  in  the  same  manner  as  has 
been  heretofore  provided  for  by  law  for  the  payment  of  funds  from  the  treasury 
disbursed  for  the  support  of  said  institution. 

SEC.  5.  All  funds  paid  out  in  accordance  with  the  provisions  of  the  foregoing 
sections,  with  interest  thereon  at  10  per  cent  per  annum,  shall  be  refunded  to  the 
State  treasurer  from  the  first  interest  that  shall  accrue  from  the  proceeds  of  the 
sale  of  any  lands  located  for  said  college  not  already  appropriated  for  a  similar 
purpose.  (October  15,  1872.) 

Laws.  1872:  S;:<  TION  1.  Upon  final  approval  of  the  selections  of  the  agricultural 
college  lands  of  this  State  held  under  the  several  acts  of  Congress  relating  thereto 
the  board  of  school-land  commissioners  shall  be,  and  they  are  hereby,  authorized 
to  sell  and  dispose  of  said  lands  for  not  less  than  $2. 50  per  acre  in  currency.  *  *  * 

SEC.  5.  All  moneys  derived  from  the  sale  of  the  lands  aforesaid  shall  be  loaned  by 
said  commissioners  at  a  rate  of  interest  not  less  than  10  per  cent  per  annum,  pay- 
able seniiannually  in  advance,  to  be  secured  by  mortgage  on  real  property  in  this 
State,  free  from  all  incumbrance,  of  not  less  than  three  times  the  value  of  said 
loan,  and  the  moneys  so  invested  shall  constitute  a  perpetual  fund,  the  capital  of 
which  shall  remain  forever  undiminished.  and  the  interest  of  which  shall  be  paid 
into  the  State  treasury,  to  be  placed  to  the  credit  of  the  agricultural  college  fund. 
(October  28,  1872.) 

Laws,  1878:  SECTION  1.  Section  3  of  an  act  [approved  October  15,  1872,  above] 
be  amended  so  as  to  read  as  follows: 

"SEC.  3.  There  shall  be,  and  hereby  is,  appropriated,  out  of  the  general  fund  in 
the  treasury  not  otherwise  appropriated,  annually  the  sum  of  $500,  also  the  inter- 
est hereafter  annually  accruing  on  the  fund  arising  from  the  sale  of  agricultural 
college  lands,  to  be  devoted  to  the  general  support  of  the  agricultural  college  of 
the  State  of  Oregon  under  the  direction  of  the  regents  thereof:  Provided,  That  no 
charge  shall  be  made  for  the  tuition  of  any  students  appointed  in  accordance  with 
law.  The  funds  herein  provided  for  to  be  disbursed  shall  be  drawn  and  paid  out 
in  the  same  manner  as  has  been  heretofore  provided  for  by  law  for  the  payment 
of  funds  from  the  treasury  disbursed  for  the  support  of  said  institution:  Provided, 


170  EDUCATION    REPORT,   1903. 

The  $500  annually  appropriated  by  this  section  out  of  the  general  fund  shall  cease 
on  and  after  two  years  from  the  passage  of  this  act."  (October  21,  1878.) 

Laws,  1882:  SEC.  2.  All  moneys  arising  from  the  sale  of  school,  university,  and 
agricultural  college  lands,  and  all  other  moneys  belonging  to  the  *  *  *  agri- 
cultural college  fund,  shall  be  loaned  by  the  board  of  commissioners  at  8  per  cent 
per  annum,  payable  semiannually  on  the  1st  day  of  January  and  July  of  each 
year.  The  principal  and  interest  shall  be  made  payable  in  gold  coin  of  the  United 
States  or  its  equivalent,  and  such  loans  shall  be  secured  by  note  and  mortgage  to 
said  board  of  commissioners  on  real  estate  in  this  State  of  not  less  than  twice  the 
value  of  the  amount  loaned,  exclusive  of  perishable  improvements,  of  unexcep- 
tionable title,  and  free  from  all  incumbrances,  or  by  a  deposit  of  United  States 
bonds,  or  the  bonds  or  treasury  warrants  of  this  State,  of  a  face  value  of  not  less 
than  25  per  cent  in  excess  of  such  loans.  All  the  loans  herein  provided  for  shall 
be  made  for  the  period  of  one  year:  Provided,  That  in  case  the  interest  is  promptly 
paid  and  security  remains  unimpaired  the  board  may,  in  their  discretion,  permit 
the  loan  to  stand  for  a  period  of  not  longer  than  ten  years.  Upon  the  payment 
of  any  loan  the  principal  shall  again  be  loaned  in  like  manner  as  in  this  section 
provided.  (October  17,  1882.) 

Laws,  1882,  act  of  October  20,  1882:  SECTION  1.  There  is  hereby  appropriated, 
out  of  the  general  fund  in  the  treasury  not  otherwise  appropriated,  the  sum  of 
$2,500  annually  for  the  support  of  the  State  agricultural  college  of  Oregon. 
[This  appropriation  was  not  paid  since  1893.  J 

Laws,  1885:  SECTION  1.  [As  amended  November  21,  1885.]  The  permanent  loca- 
tion of  the  State  agricultural  college  at  Corvallis,  in  Benton  County,  Oreg.,  be, 
and  the  same  is  hereby,  ratified  and  confirmed:  Provided,  however,  That  the  citi- 
zens of  said  county  shall,  on  or  before  January  1,  1889,  have  caused  to  be  erected 
oil  the  farm  containing  35  acres  in  the  immediate  vicinity  of  said  city,  known  as 
the  agricultural  college  farm,  brick  buildings  for  the  accommodation  of  the  said 
State  agricultural  college,  at  a  cost  of  not  less  than  $20,000:  And  provided  further , 
That  the  said  farm  and  buildings  shall  be,  on  or  before  January  1, 1889,  free  from 
all  liens  and  incumbrances  whatever. 

SEC.  2.  The  general  government  of  the  said  college  shall  be  vested  in  and  exer- 
cised by  a  board  of  regents,  to  be  denominated  the  board  of  regents  of  the  State 
agricultural  college  of  the  State  of  Oregon,  who  are  hereby  constituted  a  corpora- 
tion for  that  purpose,  with  power  to  sue  and  be  sued,  to  make  contracts,  and  to 
enact  and,  from  time  to  time,  to  vary  and  amend  such  by-laws  and  regulations  as 
in  their  discretion  shall  seem  necessary  or  proper  for  the  benefit,  development,  and 
successful  working  of  the  said  college. 

SEC.  3.  The  said  board  of  regents  shall  consist  of  13  members,  of  whom  the 
members  of  the  State  board  of  education  and  also  the  master  of  the  State  grange 
for  the  time  being  shall  be  ex  officio  members.  The  other  9  members  of  the 
board  shall  be  appointed  by  the  governor,  by  and  with  the  advice  and  consent  of 
the  senate,  not  more  than  5  of  which  9  members  appointed  by  the  governor  shall 
belong  to  the  same  political  party.  Such  appointed  members  shall  hold  office  as 
follows:  Three  of  them  shall  go  out  of  office  at  the  end  of  the  third  year,  3  at  the 
end  of  the  sixth  year,  and  the  remaining  3  at  the  end  of  the  ninth  year  from  the 
time  of  the  first  appointment,  the  names  of  those  to  leave  office  being  determined 
among  themselves  by  lot.  Thereafter  every  person  appointed  shall  serve  for  the 
full  period  of  nine  years,  or  until  their  successors  are  appointed  and  qualified.  All 
vacancies  occurring  in  said  board  by  death,  resignation,  or  otherwise  during  the 
recess  of  the  senate  shall  be  filled  by  the  governor  until  the  next  meeting  of  the 
legislature,  or  until  their  successors  are  appointed  and  qualified. 

SEC.  4.  At  the  first  meeting  of  the  board  after  their  appointment  the  members 
present  shall  elect  from  their  number  a  president,  treasurer,  and  secretary,  and 
shall  prescribe  their  duties;  and  seven  members  shall  constitute  a  quorum.  The  said 
board  shall  also  appoint  from  its  members  an  executive  committee  of  five,  of  whom 
three  shall  constitute  a  quorum.  The  executive  committee  shall  execute  the  powers 
and  duties  of  the  board  during  the  recess  thereof.  Such  committee  shall  keep  a 
record  of  its  proceedings,  which  shall  be  reported  to  each  meeting  of  the  board, 
and  such  record  shall  be  at  all  times  open  to  the  inspection  of  any  member  of  the 
board. 

SEC.  5.  The  president  of  said  board  shall,  once  a  year,  make  a  written  report  to 
the  governor,  setting  forth  the  condition  of  said  college,  financial  and  otherwise, 
with  such  recommendations  touching  the  same  as  he  may  think  proper. 

SEC.  6.  The  course  of  instruction  and  studies  at  s-tid  college  shall  be  prescribed 
by  the  board  of  regents,  and  shall  be  in  accordance  with  the  objects  sought  by 
Congress  in  the  establishment  of  State  agricultural  colleges,  namely,  "  instruction 
in  agriculture  and  the  mechanic  arts." 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  171 

SEC.  7.  All  funds  applicable  by  law  to  the  support  of  the  State  agricultural  col- 
lege shall  be  drawn  on  warrant,  issued  by  the  secretary  of  state,  for  the  time  being, 
on  the  written  request  of  the  treasurer  of  the  board  of  regents,  countersigned  by 
the  secretary. 

SEC.  8.  For  the  time  being  an  admission  fee  and  rates  of  tuition,  such  as  the 
board  of  regents  shall  deem  expedient,  shall  be  required  of  each  student,  except 
as  herein  otherwise  provided.  Until  the  legislative  assembly  shall  otherwise 
direct,  each  senatorial  and  representative  district  in  this  State  shall  be  entitled  to 
gratuitous  instruction  for  as  many  pupils  as  said  district  now  has  of  senators  and 
representatives  in  the  legislative  assembly,  and,  also,  each  county  in  the  State  shall 
be  entitled  to  one  free  scholarship  in  said  college,  all  of  whom  shall  be  selected  as 
follows:  The  school  superintendent  in  each  county  shall  receive  and  register  the 
names  of  all  applicants  for  admission  nominated  by  the  senators  or  representa- 
tives of  that  county  and  shall  present  the  same  to  the  county  court  sitting  for  the 
transaction  of  county  business,  and  from  the  applicants  found  to  possess  the 
requisite  qualifications  the  number  of  pupils  to  which  such  county  is  entitled  shall 
be  selected  by  lot.  The  persons  so  selected  shall  be  residents  of  the  county  for 
which  they  are  selected,  and  shall  possess  such  educational  and  other  qualifications 
as  the  board  of  regents  may  prescribe.  Vacancies  occurring  shall  also  be  filled  by 
the  county  court  as  hereinbefore  provided.  In  senatorial  and  representative  dis- 
tricts composed  of  more  than  one  county  the  senator  or  representative  for  that 
district  shall  have  the  power  to  nominate  and  appoint  one  student  for  such  district, 
who  shall  be  received  in  said  college  on  the  same  terms  as  the  students  appointed 
by  the  county  courts.  One-third  of  said  students  appointed  as  aforesaid  may  be 
females. 

SKC.  9.  For  the  endowment,  maintenance,  and  support  of  said  agricultural  col- 
lege there  is  hereby  set  apart  and  appropriated  the  interest  on  the  fund  which  has 
arisen  and  which  shall  hereafter  arise  from  the  sale  of  all  lands  granted  to  the 
State  of  Oregon,  or  to  which  said  State  was  entitled  under  the  act  of  Congress  to 
provide  colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts  to  the  several 
States  and  Territories,  approved  July  2, 1862,  and  the  acts  amendatory  thereof,  or 
so  much  thereof  as  may  be  necessary;  but  in  no  case  shall  the  interest  arising 
from  said  fund  be  applied  to  the  purchase  of  sites  or  for  buildings  for  said  agri- 
cultural college,  but  only  in  the  payment  of  the  salaries  of  professors,  officers,  and 
other  current  expenses.  The  remainder  of  such  interest  remaining  over  at  the 
close  of  each  fiscal  year  after  the  payment  of  such  expenses  shall  be  added  to  and 
become  a  part  of  the  principal  or  endowment  fund  forever. 

SEC.  10.  The  board  of  regents  provided  for  by  this  act  shall  be  appointed  by  the 
governor  during  the  present  session  of  the  legislature,  but  they  shall  not  assume 
the  government  of  said  college  until  the  buildings  mentioned  in  this  act  shall  have 
been  completed  as  aforesaid  and  accepted  by  the  governor  on  behalf  of  the  State. 

SEC.  11.  When  and  as  soon  as  the  governor  has  been  notified  that  such  building 
is  completed  he  shall  inspect  the  same,  and  if  he  shall  find  that  the  same  is  con- 
structed as  provided  in  this  act,  and  he  shall  find  that  the  said  agricultural  farm 
and  bafldinga  are  free  from  all  liens  and  incumbrances,  he  shall  accept  the  same 
for  and  in  behalf  of  this  State:  Provided,  That  the  board  of  regents  is  authorized 
at  any  time  after  their  appointment  to  accept  provisionally  on  behalf  of  the  State 
a  conveyance  to  them  of  the  said  agricultural  college  farm. 

SEC.  12.  The  State  board  of  education  is  hereby  constituted  an  advisory  board 
to  act  in  concert  with  the  State  Agricultural  College  Association,  being  an  incor- 
poration recently  formed  by  the  citizens  of  Benton  County  to  carry  out  the 
intended  purposes  of  this  act  on  all  matters  connected  with  the  design  and  con- 
struction .of  the  said  intended  building. 

SEC.  13.  Corvallis  College,  in  Benton  County,  having  signified  its  intention  and 
desire  to  relinquish  to  the  State  the  control  and  management  of  the  State  agri- 
cultural college,  the  same  is  hereby  accepted,  to  take  effect  at  the  time  and  in  the 
manner  provided  in  this  act.  (February  11,  1885.) 

Laws,  1889:  SECTION  1.  There  be,  and  hereby  is,  appropriated  the  sum  of  $30,000. 
or  so  much  thereof  as  may  be  necessary  for  the  purposes  hereinafter  described, 
namely :  ( 1 )  Purchasing  additional  land  in  the  neighborhood  of  the  college  building 
at  Corvallis.  (2)  For  the  erection  and  equipment  of  a  building  to  be  used  for  instruc- 
tion in  working  in  wood  and  metal.  (3)  For  the  erection  and  equipment  of  a 
model  dairy  and  creamery.  (4)  For  the  erection  and  furnishing  and  stocking  of 
a  stock  barn  and  veterinary  buildings.  (5)  For  the  erection  and  furnishing  of  a 
students1  hall  and  dormitories. 

SEC.  2.  There  be,  and  hereby  is,  appropriated  the  sum  of  $3,000  per  annum  in 
aid  of  the  current  expenses  of  the  State  agricultural  college  and  for  the  payment 
of  professors  and  instructors  therein.  [Not  paid  from  1894  to  1897,  both  inclusive.] 


172  EDUCATION   REPOBT,  1903.  y 

Ssc.  3.  There  be,  and  hereby  is,  appropriated  the  sum  of  $2,500  for  payment  of 
the  legal  expenses  incurred  by  the  board  of  regents  of  the  State  agricultural  col- 
lege in  the  current  litigation  by  nominees  of  the  Methodist  Episcopal  Church 
South. 

SEC.  4.  The  sums  appropriated  by  this  act  shall  be  set  apart  by  the  treasurer  of 
the  State  out  of  the  general  fund,  and  shall  be  designated  "  the  agricultural  col- 
lege improvement  fund. ' ' 

SEC.  5.  The  buildings  provided  for  in  section  1  of  this  act  shall  be  erected  on 
the  farm  or  land  to  be  purchased  from  the  sums  appropriated  by  this  act. 

SEC.  6.  The  said  sums  of  money  so  appropriated  shall  be  expended  by  and  under 
the  supervision  and  control  of  the  board  of  regents  of  the  State  agricultural  col- 
lege for  the  purposes  for  which  the  same  are  hereby  appropriated,  and  said  board 
of  regents  are  hereby  authorized  and  empowered  to  adopt  such  plans  and  specifi- 
cations for  said  buildings  and  equipments  as  they  may  think  fit.  (February  18, 
1889.) 

Laws,  1889:  SEC.  8.  It  shall  be  the  duty  of  the  chemist  of  the  State  agricultural 
college  to  correctly  analyze  any  and  all  substances  the  said  [food]  commissioner 
may  send  him  for  the  purpose  of  carrying  out  the  provisions  of  this  act  [to  pre- 
vent the  production  and  sale  of  -unwholesome  foods,  and  to  regulate  sales  of  adul- 
terated foods,  drinks,  and  medicines].  (February  25,  1889.) 

Laws,  1891:  SECTION  1.  The  legislative  assembly  of  the  State  of  Oregon  doth 
hereby  irrevocably  assent  to  the  purpose  of  the  said  grants  under  and  by  virtue 
of  the  said  act  of  Congress,  approved  August  30,  1890,  '  and  on  behalf 

of  the  State  of  Oregon  doth  accept  the  same,  and  doth  designate  as  the  college  to 
receive  the  same  the  State  Agricultural  College  of  Oregon,  organized  and  existing 
under  the  act  of  the  legislative  assembly  of  the  State  of  Oregon  approved  Febru- 
ary 11,  1885,  *  *  *  and  the  act  amendatory  thereof;  and  doth  further  desig- 
nate and  appoint  the  treasurer  of  the  board  of  regents  for  the  time  being, 
appointed  under  and  by  virtue  of  section  4  of  the  last-mentioned  act,  approved 
February  11,  1885,  as  the  officer  to  receive  the  said  Congressional  appropriations, 
under  and  by  virtue  of  the  said  act  of  Congress,  approved  August  30,  1890. 

SEC.  2.  There  be,  andliereby  is,  appropriated  the  sum  of  $3,483.80  in  payment 
of  the  balance  now  due  to  the  treasurer  of  the  said  State  agricultural  college  for 
amounts  expended  by  the  said  board  of  regents  on  the  purchase  of  land  and  the 
erection,  equipment,  and  furnishing  of  buildings  for  the  said  State  agricultural 
college  in  excess  of  the  sum  of  $30,000  appropriated  therefor  by  the  legislative 
assembly  of  the  State  of  Oregon,  under  the  said  act  approved  February  18,  1889. 

SEC.  3.  There  be,  and  hereby  is,  appropriated  the  sum  of  $25,000,  or  so  much 
thereof  as  may  be  necessary,  for  the  purposes  hereinafter  described,  namely:  (1) 
The  erection  and  furnishing  of  a  building  on  the  State  agricultural  farm  at  Cor- 
vallis,  Benton  County,  Oreg. ,  for  the  erection  of  the  laboratories  of  the  said  col- 
lege in  connection  with  the  experiment  station  and  the  storerooms  and  offices  of 
the  said  college.  (2)  The  erection  and  furnishing  of  a  second  students'  hall  and 
dormitory  in  connection  with  said  college.  (3)  The  erection  and  furnishing  of  a 
dairy  and  creamery  and  the  outbuildings  and  appliances  connected  therewith  for 
the  purpose  of  the  said  State  agricultural  college.  (February  19,  1891.) 

Laws,  1893:  SECTION  1.  There  be,  and  hereby  is,  appropriated  the  sum  of  $4,226 
in  payment  of  the  balance  now  due  to  the  treasurer  of  the  said  State  agricultural 
college  for  amounts  expended  by  the  board  of  regents  in  the  erection  and  fur- 
nishing of  the  students'  hall  and  dormitory  provided  for  by  said  act,  filed  in  the 
office  of  the  secretary  of  state  February  19,  1891,  in  excess  of  the  sum  of  $25,000 
appropriated  by  said  act  for  that  and  other  purposes. 

SEC.  2.  There  be,  and  hereby  is,  appropriated  the  sum  of  $26,000,  or  so  much 
thereof  as  may  be  necessary,  for  the  purposes  hereinafter  described,  namely:  (1) 
Mechanical  department  of  said  college — Enlarged  building;  additions  to  engine 
and  boilers;  lathes  and  other  large  tools;  carpenters'  tools,  25  sets;  forges,  12; 
electrical  apparatus.  (2)  Agricultural  department  of  said  college — Bam  and 
silo;  tile  drainage;  dairy  and  fittings;  implements.  (3)  Horticultural  department 
of  said  college — Barn;  potting  shed;  tool  room.  (4)  For  the  college  building  of 
said  college — New  heating  apparatus;  desks,  chairs,  tables,  etc.;  incidentals  and 
architects'  fees.  Total,  $26,100.  (February  20,  1893.) 

Laws,  1898,  special  session:  SECTION  1 .  There  be,  and  there  is  hereby,  appropriated, 
out  of  the  general  funds  not  otherwise  appropriated,  the  sum  of  $25,000,  to  be  used 
by  the  board  of  regents  of  the  Oregon  State  Agricultural  College  in  the  erection 
and  construction  of  a  suitable  building  on  the  grounds  of  said  college  at  Corvallis, 
in  Benton  County,  Oreg.,  to  replace  the  buildings  destroyed  by  fire  on  September 
28,  1898.  (October  12, 1898.) 

Laws,  1899:  SECTION  1.  All  agricultural  college  land  now  owned  by  the  State  of 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  173 

Oregon  which  has  been  subject  to  sale  for  a  period  of  twenty-five  years  shall 
hereafter  be  sold  at  a  nniform  price  of  $1.25  per  acre.     (February  17,  1899.) 

Laws,  1899.  act  of  February  18,  1899:  SEC.  22  [as  amended  by  act  of  February 
25,  1901].  All  moneys  belonging  to  the  irreducible  school  fund,  university  fund, 
or  agricultural  college  fund  shall  be  loaned  by  the  State  land  board  at  6  per  cent 
per  annum,  payable  semiann.ially.  on  the  1st  day  of  January  and  1st  day  of  July 
of  each  year:  Provided,  lioirei'er*  That  if  at  any  time  there  be  a  surplus  of  either 
of  these 'funds  over  and  above  all  loans  applied'for  the  State  land  board  may,  in 
its  discretion,  invest  such  portion  of  said  surplus  as  in  their  judgment  they  may 
deem  proper  in  bonds  issued  by  municipal  corporations  and  school  districts  in  the 
State  of  Oregon,  the  legality  of  such  bonds  to  be  approved  by  the  attorney-general. 
The  principal  and  interest  of  all  loans  shall  be  made  payable  in  gold  coin  of  the 
United  States  or  its  equivalent;  and  such  loans  shall  be  secured  by  note  and  mort- 
gage to  the  State  land* board  on  real  estate  in  this  State  of  not  less  than  thrice  the 
value  of  the  amount  loaned,  exclusive  of  perishable  improvements,  of  unexcep- 
tionable title,  and  free  from  all  incumbrances,  or  by  a  deposit  of  United  States 
bonds  or  the  bonds  or  treasury  warrants  of  this  State  of  a  face  value  of  not  less 
than  25  per  cent  in  excess  of  such  loans.  All  the  loans  herein  provided  for  shall 
be  made  for  the  period  of  one  year:  Pr<>ri<l«l.  That  in  case  the  interest  is  promptly 
paM  and  the  security  remains  unimpaired  the  board  may,  in  their  discretion,  per- 
mit the  loan  to  stand  for  a  period  of  not  longer  than  ten  years.  Upon  the  payment 
of  any  loan  or  of  any  bonds  the  principal  shall  again  ba  loaned  or  invested  in  like 
manlier  as  in  this  section  provided. 

Laws,  1901,  act  of  February  6,  1901:  SECTION  1.  The  sum  of  $20,000  be,  and  the 
same  is  hereby,  appropriated,  out  of  the  general  fund  in  the  treasury  not  otherwise 
appropriated,  for  repairs,  buildings,  and  improvements  necessary  and  convenient 
f»r  said  State  Agricultural  College,  and  that  the  secretary  of  state  be,  and  he  is 
hereby,  authorized  and  directed  to  draw  a  warrant  on  the  treasurer  of  state  in 
favor  of  the  treasurer  of  the  board  of  regents  of  said  State  Agricultural  College 
for  said  sum. 

2.  In  computing  the  amount  of  revenue  necessary  for  State  purposes  the 

governor,  secretary  of  state,  and  State  treasurer,  acting  jointly,  shall,  in  each 

year,  at  the  time  they  compute  the  amount  of  revenue  necessary  for  other  State 

purposes,  also  compute  the  sum  of  $25,000  for  the  annual  support  and  benefit  of 

the  State  Agricultural  College,  which  shall  be  levied  and  collected  in  the  same 

manner  as  other  taxes  for  State  purposes  are  levied  and  collected;  and  the  fimd 

arising  therefrom  shall  be  paid  into  the  State  treasury  and  kept  separate  from 

other  funds.  an<l  shall  be  known  as  the  State  Agricultural  College  rund.     This 

fii? id  shall  be  paid  out  only  on  warrants  drawn  by  the  secretary  of  state  on  the 

treasurer  against  said  fund.     This  fund  shall  be  a  continuing  fund,  and  if 

the  amount  rais  -d  in  any  year  shall  not  be  used  for  current  expenses,  etc.,  as 

!.  du.-ing  that  year,  the  balance  remaining  in  the  hands  of  the 

irer  shall  be  ver  to  the  next  year  and  added  to  the  fund  for  that 

.  3.  The  said  f  nnd  shall  be  drawn  quarterly  by  the  treasurer  of  the  board  of 

rpgj'nts,  and  may  be  used  for  the  purposes  of  paying  the  current  expenses  of  said 

coll<»g»4,  the  salaries  of  prof essors  and  instructors,  and  wages  of  employees;  of  mak- 

i-litions  to  the  library  and  apparatus,  for  buildings,  improvements,  and  repairs, 

and  for  the  purchase  of  additional  land  needed  for  the  use  of  said  college. 

SEC.  4.  An  act  of  the  legislative  assembly  of  the  State  of  Oregon,  *  *  * 
approved  October  20,  1882  [laws  of  1882,  above],  be,  and  the  same  is  hereby, 
repealed. 

.  5.  Section  2  of  an  act  of  the  legislative  assembly  of  the  State  of  Oregon, 

*    approved  February  18,  1889  [laws  of  1889,  above],  be,  and  the  same  is 

hereby,  repealed,  but  this  repeal  shall  not  affect  the  appropriation  of  $10,000  [for 

th"  years  1901  and  1902]  made  at  the  present  session  under  and  by  virtue  of  the 

provisions  of  said  section  of  said  act. 

Laws,  1901,  act  of  February  23, 1901:  SECTION  1.  The  State  land  board  *  *  * 
be,  and  they  are  hereby,  authorized,  empowered,  and  directed  to  transfer  and  con- 
v«  > .  by  a  good  and  sufficient  deed  of  conveyance,  to  the  State  Agricultural  College  all 
of  the  right,  title,  and  interest  of  the  State  of  Oregon  of,  in,  and  to  the  following- 
described  premises,  to  wit:  All  of  the  east  half  of  the  northeast  quarter  of  section 
23  and  the  west  half  of  the  northwest  quarter  of  section  24,  lying  and  being  south 
of  the  Union  Railway  Company's  railroad,  except  a  strip  of  land  1  rod  wide  along 
the  east  side  of  the  west  half  of  the  northwest  quarter  of  said  section  24  reserved 
as  a  roadway;  also  all  the  east  half  of  the  west  half  and  the  west  half  of  the  east 
half  of  said  section  24,  and  the  west  half  of  the  northeast  quarter  and  the  east 
half  of  the  northwest  quarter  of  section  25,  all  of  said  tracts  of  land  lying  and 


174  EDUCATION   REPORT,  1903. 

being  in  township  4  south  of  range  39  east  of  the  Willamette  meridian,  in  Union 
County,  Oreg. ,  together  with  the  tenements,  hereditaments,  and  appurtenances 
thereunto  belonging. 

SEC.  2.  The  board  of  regents  of  the  State  Agricultural  College  shall,  as  soon  as 
possible  after  the  passage  and  approval  of  this  act,  select  a  site  on  said  land  for 
the  erection  of  an  experiment  station,  and  shall  immediately  thereafter  erect  and 
construct  thereon  the  buildings  requisite  and  necessary  for  an  experiment  station 
and  furnish  and  equip  the  same  ready  for  use:  Provided,  however,  That  the 
amount  expended  to  erect,  construct,  furnish,  and  equip  such  buildings,  and  for 
agricultural  experiments  in  eastern  Oregon,  shall  in  no  event  be  in  excess  of  the 
sum  appropriated  for  such  purposes. 

SEC.  3.  There  is  hereby  appropriated  out  of  the  general  fund  the  sum  of  $10,000 
for  the  purpose  of  erecting,  constructing,  furnishing,  and  equipping  the  said 
buildings,  and  the  secretary  of  state  be,  and  he  is  hereby,  authorized  and  directed 
to  audit  all  claims  presented  by  the  board  of  regents  of  the  State  Agricultural 
College  for  the  expenses  incurred  in  the  said  erection,  construction,  furnishing, 
and  equipping  of  said  buildings  and  for  agricultural  experiments  in  eastern  Oregon, 
and,  if  allowed,  to  draw  a  warrant  therefor  in  favor  of  the  treasurer  of  said  agri- 
cultural college:  Provided,  however,  That  the  warrant  or  warrants  drawn  for 
these  purposes  shall  not  singly  nor  in  the  aggregate  exceed  the  sum  of  $10,000, 
and  no  claim  shall  be  allowed  by  the  secretary  of  state  in  excess  of  said  sum  of 
$10,000. 

SEC.  4.  All  revenues  derived  from  said  lands  not  necessarily  used  in  connection 
with  said  experiment  station  may  be  used  by  the  board  of  regents  of  said  agri- 
cultural college  in  the  improvement  of  the  property  herein  referred  to,  and  for 
repairs  thereto,  and  for  the  use  and  benefit  of  said  experiment  station,  its  build- 
ings, furniture,  and  equipment,  and  for  agricultural  experiments  in  eastern  Ore- 
gon, and  not  otherwise. 

Laws,  1903,  act  of  February  21,  1903:  SECTION  1.  There  be,  and  is  hereby,  appro- 
priated out  of  the  general  fund  the  sum  of  $20,000  for  the  purchase  of  such  stock 
as  may  be  necessary  for  experimental  feeding  purposes;  for  the  erection  of  build- 
ings; for  the  provision  of  scientific  apparatus  and  tools;  for  draining,  tiling,  and 
improving  land,  and  for  all  other  purposes  necessary  for  the  conducting  and 
developing  of  agricultural  experiments  in  eastern  Oregon,  to  be  expended  under 
the  authority  and  authorization  of  the  board  of  regents  of  the  State  Agricultural 
College  of  Oregon. 

Laws,  1903,  act  of  February  24,  1903:  SECTION  1.  [Appropriates]  for  the  pay- 
ment of  the  deficiency  incurred  in  the  maintenance  of  the  State  Agricultural  Col- 
lege during  the  years  1901  and  1902,  for  which  the  past  appropriation  was  insuf- 
ficient, for  finishing  and  furnishing  new  buildings,  and  for  the  general  repairs, 
improvements,  etc.,  at  the  State  Agricultural  College  at  Corvallis,  $15,000. 

SEC.  3.  No  indebtedness  shall  be  incurred  or  warrants  drawn  in  excess  of  the 
amounts  herein  specified,  and  in  the  case  of  the  university  [of  Oregon] ,  State 
Agricultural  College,  and  normal  schools  the  boards  of  regents  of  said  institutions, 
respectively,  are  hereby  severally  and  collectively  made  responsible  and  shall  be 
held  personally  liable  in  an  action  therefor  to  the  State  of  Oregon  for  any  expend- 
itures in  excess  of  the  sums  hereby  appropriated  for  their  respective  institutions: 
Provided,  The  State  officers,  being  ex  officio  members  of  said  boards  of  regents, 
are  hereby  exempted  from  such  personal  liability. 


PENNSYLVANIA. 

Laws,  1855,  No.  50:  SECTION  1.  There  be,  and  is  hereby,  erected  and  established, 
at  the  place  which  shall  be  designated  by  the  authority  and  as  hereinafter  pro- 
vided, an  institution  for  the  education  of  youth  in  the  various  branches  of  science, 
learning,  and  practical  agriculture,  as  they  are  connected  with  each  other,  by  the 
name,  style,  and  title  of  the  Farmers'  High  School  of  Pennsylvania. « 

SEC.  2.  The  said  institution  shall  be  under  the  management  and  government  of 
a  board  of  trustees,  of  whom  there  shall  be  13,  and  7  of  whom  shall  be  a  quorum, 
competent  to  perform  the  duties  hereinafter  authorized  and  required. 

SEC.  3.  The  governor,  secretary  of  the  Commonwealth,  the  president  of  the 

«  The  name  was  changed  to  Agricultural  College  of  Pennsylvania  May  1,  1862,  by  order  of  the 
court  of  quarter  sessions  of  Center  County,  Pa.,  and  to  Pennsylvania  State  College  January  26, 
1874,  by  order  of  the  court  of  common  pleas  of  Center  County,  Pa. 


LAWS    KELATING    TO    LAND-GBANT    COLLEGES.  175 

Pennsylvania  State  Agricultural  Society,  and  the  principal  of  the  institution  shall 
each  be  ex  officio  a  member  of  the  board  of  trustees,  and  they,  with  [nine  others 
named]  shall  constitute  the  first  board  of  trustees,  which  said  trustees  and  their 
successors  in  office  are  hereby  erected  and  declared  to  be  a  body  politic  and  cor- 
porate in  law,  with  perpetual  succession,  by  the  name,  style,  and  title  of  the 
Farmers'  High  School  of  Pennsylvania,  by  which  name  and  title  the  said  trustees 
and  their  successors  shall  be  able  and  capable  in  law  to  take  by  gift,  grant,  sale, 
or  conveyance,  by  bequest,  devise,  or  otherwise,  any  estate  in  any  lands,  tene- 
ments, and  hereditaments,  goods,  chattels,  or  effects,  and  at  pleasure  to  alien  or 
otherwise  dispose  of  the  same  to  and  for  the  uses  and  purposes  of  the  said  institu- 
tion: Provided,  however,  That  the  annual  income  of  the  said  estate  so  held  shall 
at  no  time  exceed  $25,000,  and  the  said  corporation  shall  by  the  same  name  have 
power  to  sue  and  be  sued  and  generally  to  do  and  transact  all  and  every  business 
touching  or  concerning  the  premises,  or  which  shall  be  necessarily  incidental 
thereto,  and  to  hold,  enjoy,  and  exercise  all  such  powers,  authorities,  and  juris- 
diction as  are  customary  in  the  colleges  within  this  Commonwealth. 

SEC.  4.  The  same  trustees  shall  cause  to  be  made  a  seal,  with  such  devices  as 
they  may  think  proper,  and  by  and  with  which  all  the  deeds,  diplomas,  certificates, 
and  acts  of  the  institution  shall  be  authenticated,  and  they  may  at  their  pleasure 
alter  the  same. 

SEC.  5.  At  the  first  meeting  of  the  board  of  trustees  the  nine  named  who  are  not 
ex  officio  members  shall  by  themselves  and  by  lot  be  divided  into  three  classes  of 
three  each,  numbered  1 , 2,  and  3.  The  appointment  hereby  made  of  class  No.  1  shall 
terminate  on  the  first  Monday  of  October,  1856;  No.  2  on  the  first  Monday  of 
October,  1857,  and  No.  3  on  the  first  Monday  of  October,  1858;  and  upon  the  ter- 
mination of  the  office  of  such  directors,  to  wit,  on  the  first  Monday  of  October  in 
every  year,  an  election  shall  be  held  at  the  institution  to  supply  their  place,  and 
such  election  shall  be  determined  by  the  votes  of  the  members  of  the  executive 
committee  of  the  Pennsylvania  State  Agricultural  Society  and  the  votes  of  three 
representatives  duly  chosen  by  each  county  agricultural  society  in  this  Common- 
wealth which  shall  have  been  organized  at  least  three  months  preceding  the  time 
of  election,  and  it  shall  be  the  duty  of  the  said  board  of  trustees  to  appoint  two  of 
their  number  as  judges,  to  hold  the  said  election,  to  receive  and  count  the  votes 
and  return  the  same  to  the  board  of  trustees,  with  their  certificate  of  the  number 
of  votes  cast  and  for  whom,  whereupon  the  said  board  shall  determine  who  have 
received  the  highest  number  of  votes  and  who  are  thereby  elected. 

SEC.  6.  On  the  second  Thursday  of  June  after  the  passage  of  this  act  the  board 
of  trustees  who  are  hereby  appointed  shall  meet  at  Harrisburg  and  proceed  to  the 
organization  of  the  institution  and  selection  of  the  most  eligible  site  within  the 
Commonwealth  of  Pennsylvania  for  its  location,  where  they  shall  purchase  or 
obtain  by  gift,  grant,  or  otherwise,  a  tract  of  land  containing  at  least  200  acres 
and  not  exceeding  2,000  acres,  upon  which  ^ 
and  alterations  to  be  made  as  will  make  ' 
instruction  of  youth  in  the  art  of  farming, 
of  this  act.  They  shall  select  and  choose  a  principal  for  the  said  institution,  who, 
with  such  scientific  attainments  and  capacity  to  teach  as  the  board  shall  deem 
necessary,  shall  be  a  good,  practical  farmer;  he,  with  such  other  persons  as  shall 
from  time  to  time  be  employed  as  teachers,  shall  compose  the  faculty,  under 
whose  control  the  iinmediate'management  of  the  institution  and  the  instruction 
of  all  the  youth  committed  to  its  care  shall  be,  subject,  however,  to  the  revision 
and  all  orders  of  the  board  of  trustees.  There  shall  be  a  quarterly  meeting  of  the 
board  of  trustees  at  the  institution  and  as  much  oftener  as  shall  be  necessary  and 
they  shall  determine.  The  board  shall  have  power  to  pass  all  such  by-laws,  ordi- 
nances, and  rules  as  the  good  government  of  the  institution  shall  require,  and 
therein  to  prescribe  what  shall  be  taught  to  and  what  labor  performed  by  the 
pupils  and  generally  to  do  and  perform  all  such  administrative  acts  as  are  usually 
performed  by  and  within  the  appropriate  duty  of  a  board  of  trustees,  and  shall, 
by  a  secretary  of  their  appointment,  keep  a  minute  of  the  proceedings  and  action 
of  the  board. 

SEC.  7.  It  shall  be  the  duty  of  the  board  of  trustees,  as  soon  and  as  often  as  the 
exigencies  of  the  institution  shall  require,  in.  addition  to  the  principal,  to  employ 
such  other  professors,  teachers,  or  tutors,  as  shall  be  qualified  to  impart  to  pupils 
under  their  charge  a  knowledge  of  the  English  language,  grammar,  geography, 
history,  mathematics,  chemistry,  and  such  other  branches  of  the  natural  and  exact 
sciences  as  will  conduce  to  the  proper  education  of  a  farmer;  the  pupils  shall  them- 
selves, at  such  proper  times  and  seasons  as  shall  be  prescribed  by  the  board  of 
trustees,  perform  all  the  labor  necessary  in  the  cultivation  of  the  farm,  and  shall 
thus  be  instructed  and  taught  all  things  necessary  to  be  known  by  a  farmer,  it 


176  EDUCATION   BEPOET,  1903. 

being  the  design  and  intention  of  this  act  to  establish  an  institution  in  which  youth 
may  be  so  educated  as  to  fit  them  for  the  occupation  of  a  farmer. 

SEC.  8.  The  board  of  trustees  shall  annually  elect  a  treasurer,  who  shall  receive 
and  disburse  the  funds  of  the  institution,  and  perform  such  other  duties  as  shall 
be  required  of  him,  and  from  whom  they  shall  take  such  security  for  the  faithful 
performance  of  his  duty  as  necessity  shall  require;  and  it  shall  be  the  duty  of  the 
said  board  of  trustees,  annually,  on  or  before  the  1st  of  December,  to  make  out  a 
full  and  detailed  account  of  the  operations  of  the  institution  for  the  preceding  year 
and  an  account  of  all  its  receipts  and  disbursements,  and  report  the  same  to  the 
Pennsylvania  State  Agricultural  Society,  who  shall  embody  said  report  in  the 
annual  report  which  by  existing  laws  the  said  society  is  bound  to  make  and  trans- 
mit to  the  legislature  on  or  before  the  first  Monday  of  January  of  each  and  every 
year. 

SEC.  9.  It  shall  be  lawful  for  the  Pennsylvania  State  Agricultural  Society  to  appro- 
priate out  of  their  funds  to  the  object  of  this  act  a  sum  not  exceeding  $10.000 
whenever  the  same  shall  be  required,  and  to  make  such  further  appropriation, 
annually,  out  of  their  funds  as  will  aid  in  the  prosecution  of  this  object,  and  it 
will  be  the  duty  and  privilege  of  the  said  society,  at  such  times  as  they  shall  deem 
expedient  by  their  committees,  officers,  or  otherwise,  to  visit  the  said  institution 
and  examine  into  the  details  of  its  management.  (February  22,  1855.) 

[The  act  of  February  22, 1855,  was  amended  by  the  court  of  common  pleas  of  Center  County, 
Pa.,  October  22, 1875,  as  follows: 

1.  That  the  time  for  holding  the  annual  election  for  and  annual  meeting  of  the  trustees  of  the 
institution  be  fixed  for  the  Wednesday  next  preceding  the  Friday  immediately  preceding  the 
4th  day  of  July  in  each  and  every  year. 

2.  That  the  number  of  trustees  of  said  institution  be  fixed  at  23  instead  of  13,  and  that  the  said 
board  of  trustees  be  constituted  as  follows:  The  governor,  the  secretary  of  the  Commonwealth, 
the  secretary  of  internal  affairs,  the  adjutant-general,  the  superintendent  of  public  instruction, 
the  president  of  the  State  agricultural  society,  the  president  of  the  Franklin  Institute  of  Penn- 
sylvania, and  the  president  of  the  institution  shall  be  ex  officio  members  of  the  board.    The 
remaining  members— to  wit,  15— shall  be  elected  in  manner  following,  to  wit:  Three  by  the 
alumni  of  the  institution  and  the  remaining  12  by  a  body  of  electors  composed  of  the  execu- 
tive committee  of  the  Pennsylvania  State  Agricultural  Society,  the  managers  of  the  Franklin 
Institute  of  Pennsylvania,  3  representatives  duly  chosen  by  each  county  agricultural  society 
in  this  Commonwealth  which  shall  have  been  organized  at  least  three  months  preceding  the 
time  of  election,  and  3  representatives  duly  chosen  by  each  association,  not  exceeding  1  in  each 
county  of  the  Commonwealth,  which  shall  have  for  its  principal  object  the  promotion  and 
encouragement  of  the  mining  and  manufacturing  interests  of  the  Commonwealth  and  the 
mechanic  and  useful  arts,  ana  which  shall  in  like  manner  have  been  organized  at  least  threo 
months  preceding  the  time  of  election. 

******* 
5.  That  so  much  of  the  seventh  section  of  the  act  of  the  assembly  approved  February  22, 1855, 
as  provides  "  that  the  pupils  shall  themselves,  at  such  proper  times  and  seasons  as  shall  be  pre- 
scribed by  the  board  of  trustees,  perform  all  the  labor  necessary  in  the  cultivation  of  the  farm, 
and  shall  thus  be  instructed  and  taught  all  things  necessary  to  be  known  by  a  farmer,  it  being 
the  design  and  intention  of  this  act  to  establish  an  institution  in  which  youth  may  be  so  edu- 
cated as  to  fit  them  for  the  occupation  of  a  farmer,"  be  so  changed  and  modified  as  to  require 
the  students  of  the  said  institution  to  perform  so  much  labor  as  shall  from  time  to  time  be  pre- 
scribed by  the  board  of  trustees  and  shall  best  carry  out  the  design  of  the  institution  in  pro- 
moting "the  liberal  and  practical  education  of  the  industrial  classes  in  the  several  pursuits  and 
professions  in  life.1'— From  report  of  committee  of  the  legislature  to  investigate  the  affairs  of 
the  Pennsylvania  State  College,  1883.] 

Laws,  1857,  No.  658:  SECTION  1 .  The  sum  of  $25,000  be,  and  is  hereby,  appropriated 
to  the  Farmers'  High  School  of  Pennsylvania,  to  be  paid  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated:  Provided,  That  the  admissions  to  said  school 
from  the  several  counties  shall  be  in  proportion  to  their  number  of  taxables, 
respectively,  if  such  number  shall  apply. 

SEC.  2.  The  further  sum  of  $25.000  be,  and  is  hereby,  appropriated  to  said  insti- 
tution, to  be  paid  as  hereinafter  provided. 

SEC.  3.  Whenever  it  shall  appear  to  the  satisfaction  of  the  governor  that  said 
high  school  shall  have  received  from  some  other  source  or  sources  $1,000  or 
npward,  the  State  treasurer  shall  pay  to  said  school  an  equal  sum,  independent 
of  the  appropriation  made  in  the  first  section,  and  so  on  until  a  sum  not  exceeding 
$25,000,  in  addition  to  the  preceding  appropriation,  shall  have  boen  appropriated 
to  said  school:  Provided,  That  the  said  sum  of  $25,000  shall  be  subscribed  within 
three  years  from  the  passage  of  this  act.  [Time  extended  to  May  20,  1862,  by  act 
approved  April  3,  I860.] 

*  *  *  *  *  *  * 

SEC.  5.  There  shall  be  established  in  connection  with  the  institution  an  office 
where  correct  and  perfect  analysis  shall  be  made,  without  charge,  of  all  soils  and 
manures  which  shall  be  sent  by  citizens  of  this  Commonwealth  for  that  purpose 
and  a  correct  report  returned  of  the  result  of  said  analysis,  accompanied  with 
such  information  as  may  be  useful  in  the  case. 

SEC.  6.  The  said  corporation  shall  furnish  reports  of  the  result  of  all  esperi- 


LAWS    EELATING   TO    LAND-GEANT    COLLEGES.  177 

ments  made  with  trees,  shrnbs,  plants,  seeds,  soils,  and  the  breeding  and  rearing 
of  stock  to  at  least  one  newspaper  in  each  county  in  the  Commonwealth  for  pub- 
lication, the  same  to  be  furnished  monthly  or  immediately  after  the  results  of  the 
investigations  are  known.  (May  20,  1857.) 

Laws,  1859,  No.  165:  SECTION  1.  At  all  future  meetings  of  the  board  of  trustees 
of  the  Farmers'  High  School  of  Pennsylvania  five  members  thereof  shall  consti- 
tute a  quorum  competent  for  the  transaction  of  business. 

SEC.  2.  It  shall  be  unlawful  for  the  court  of  quarter  sessions  of  Center  County 
to  grant  a  license  to  any  person  or  persons  for  the  sale  of  ardent  spirits  or  malt 
liquors  at  any  place  within  2  miles  of  the  Farmers'  High  School  of  Pennsylvania, 
located  in  the  said  county. 

SEC.  3.  The  superintendent  of  the  Pennsylvania  State  Lunatic  Hospital  be,  and 
he  is  hereby,  directed  to  deliver  to  the  trustees  of  the  Farmers'  High  School  of 
Pennsylvania,  to  be  arranged  for  exhibition  and  use  in  the  museum  of  the  said 
school,  the  cabinets  of  mineralogical  and  geological  specimens  belonging  to  the 
State,  which  were  placed  in  the  care  of  the  said  superintendent  by  the  secretary 
of  the  Commonwealth,  in  compliance  with  a  resolution  approved  February  15, 
1855.  (March  17,  1859.) 

Laws,  1861,  No.  367:  SECTION  1.   [Appropriates  $49,900  for  building  purposes.] 

Laws,  1863,  No.  227:  SECTION  1.  The  act  of  the  Congress  of  the  United  States 
passed  July  2,  1862,  *  *  be,  and  the  same  is  hereby,  accepted  by  the  State 
of  Pennsylvania,  with  all  its  provisions  and  conditions,  and  the  faith  of  the  State 
is  hereby  pledged  to  carry  the  same  into  effect. 

SEC.  2.  The  surveyor-general  of  the  State  of  Pennsylvania  is  hereby  authorized 
and  required  to  do  every  act  and  thing  necessary  to  entitle  this  State  to  its  dis- 
tributive share  of  land  scrip,  under  the  provisions  of  the  said  act  of  Congress,  and 
when  the  said  scrip  is  received  by  him  to  dispose  of  the  same  under  such  regula- 
tions as  the  board  of  commissioners,  hereafter  appointed  by  this  act,  shall  prescribe. 

SEC.  3.  The  governor,  auditor-general,  and  the  surveyor-general  are  hereby  con- 
stituted a  board  of  commissioners,  with  full  power  and  authority  to  make  all 
needful  rules  and  regulations  respecting  the  manner  in  which  the  surveyor-general 
aforesaid  shall  dispose  of  the  said  land  scrip,  the  investment  of  the  proceeds  thereof 
in  the  State  stocks  of  this  State,  and  apply  interest  arising  therefrom  as  herein 
directed,  and  in  general  to  do  all  and  every  act  or  acts  necessary  to  carry  into  full 
effect  the  said  act  of  Congress:  Provided,  That  no  investment  shall  be  made  in 
any  other  stocks  than  those  of  the  United  States  or  of  this  Commonwealth. 

SEC.  4.  Until  otherwise  ordered  by  the  legislature  of  Pennsylvania,  the  annual 
interest  accruing  from  any  investment  of  the  funds  acquired  under  the  said  act  of 
Congress  is  hereby  appropriated,  and  the  said  commissioners  are  directed  to  pay  the 
same  to  the  Agricultural  College  of  Pennsylvania,  for  the  endowment,  support, 
and  maintenance  of  the  said  institution,  which  college  is  now  in  full  and  success- 
ful operation,  and  where  the  leading  object  is,  without  excluding  other  scientific 
and  classical  studies,  and  including  military  tactics,  to  teach  such  branches  of 
learning  as  are  related  to  agriculture  and  the  mechanic  arts. 

SEC.  5.  The  said  Agricultural  College  of  Pennsylvania  shall,  on  or  before  the 
1st  day  of  February  of  each  year,  make  report  to  the  legislature  of  the  receipts 
and  expenditures  of  said  institution  for  the  preceding  year.  (April  1,  1863.) 

Laws,  1866,  No.  88:  SECTION  1.  The  third  section  of  the  act  *  *  *  passed  April 
1, 1863  [above] ,  shall  be  so  construed  as  to  authorize  the  governor,  auditor-general, 
and  surveyor-general  as  commissioners,  in  the  performance  of  the  duties  devolved 
upon  them  by  the  said  act,  to  direct  the  payment  of  the  expenses  of  disposing  of 
the  said  land  scrip  out  of  any  money  in  the  treasury  not  otherwise  appropriated: 
Provided,  That  no  more  than  one-third  of  the  distributive  shares  of  the  said  land 
scrip  donated  to  this  State  shall  be  sold  under  the  provisions  of  this  act. 

SEC.  2.  The  board  of  trustees  of  the  Agricultural  College  of  Pennsylvania  be, 
and  they  are  hereby,  authorized  to  borrow  a  sum  of  money  not  exceeding  $80,000, 
at  a  rate  of  interest  not  exceeding  7  per  cent,  and  taxes,  with  which  to  pay  and 
consolidate  all  the  debts  of  the  institution,  and  to  secure  the  same  by  a  mortgage 
upon  the  property  thereof.  (April  11,  1866.) 

Laws,  1867,  No.  9:  SECTION  1.  The  proviso  to  the  first  section  of  the  act    ' 
approved  April  11,  1866  [above] ,  be,  and  the  same  is  hereby,  repealed. 

SEC.  2.  The  one-tenth  part  of  the  entire  proceeds  of  the  lands  donated  by  Con- 
gress to  the  State  of  Pennsylvania  by  the  act  of  July  2,  1862,  in  trust,  and 
accepted  by  the  act  of  April  1,  1863,  to  which  this  is  a  supplement,  be,  and  is 
hereby,  appropriated,  and  the  commissioners  under  the  said  act  of  April  [1] ,  1863, 
are  directed  to  pay  the  same  to  the  Agricultural  College  of  Pennsylvania,  to  be 
expended  in  the  purchase  of  lands  for  experimental  farms. 

ED  1903 12 


178  EDUCATION    EEPOET,  1903. 

SEC.  3.  The  interest  and  income  of  the  entire  residue  of  the  proceeds  of  the  said 
lands  be,  and  are  hereby,  appropriated,  and  the  commissioners  under  the  said  act 
are  also  hereby  directed  to  pay  the  same,  as  it  shall  accrue,  to  the  Agricultural 
College  of  Pennsylvania,  for  the  endowment,  support,  and  maintenance  thereof, 
on  condition  that  the  trustees  establish,  conduct,  and  maintain  in  connection  with 
the  college  three  experimental  farms;  one  near  the  college,  under  the  immediate 
supervision  of  the  professor  of  agriculture  in  the  institution,  another  east,  and 
the  other  west,  upon  lands  of  diversified  quality,  under  the  immediate  supervision, 
respectively,  of  an  assistant  professor  of  agriculture.  (February  19,  1867.) 

Laws,  1872,  No.  31:  SECTION  1.  The  surveyor-general  be,  and  is  hereby,  authorized 
and  directed  to  sell  all  the  present  bonds  held  by  him  in  trust  for  the  agricultural 
college  land-scrip  fund  and  pay  the  proceeds  of  the  sale  of  the  same  to  the  State 
treasurer  for  the  use  of  the  sinking-fund  commissioners. 

SEC.  2.  The  governor,  auditor-general,  and  State  treasurer  are  authorized  to 
issue  a  registered  bond  of  this  Commonwealth  for  the  sum  of  $500,000,  payable  to 
the  agricultural  college  land-scrip  fund  of  Pennsylvania,  after  fifty  years  from 
February  1,  1872,  with  interest  on  the  same  at  the  rate  of  6  per  cent  per  annum, 
to  be  paid  semiannually  on  the  1st  of  February  and  August  of  each  year,  and 
deliver  the  said  bond  to  the  State  treasurer  for  the  uses  and  purposes  declared  by 
law. 

SEC.  3.  It  shall  be  the  duty  of  the  State  treasurer  to  hold  said  bond  in  trust  for 
the  agricultural  college  land-scrip  fund  of  Pennsylvania  and  to  pay  the  interest 
accruing  thereon  semiannually  to  the  Agricultural  College  of  Pennsylvania  accord- 
ing to  the  several  acts  of  assembly  in  relation  thereto. 

SEC.  4.  The  board  of  commissioners  for  the  sale  of  agricultural  college  land 
scrip  be,  and  the  same  is  hereby,  abolished,  and  the  surveyor-general  is  directed 
to  place  in  the  hands  of  the  State  treasurer  the  book  of  accounts  and  vouchers 
relating  to  the  agricultural  college  land-scrip  fund  now  in  his  custody.  (April 
3,  1872.) 

Laws,  1878,  No.  219:  SECTION  1.  [Appropriates  $80,000  to  pay  off  mortgage  on 
the  property  of  the  Agricultural  College  of  Pennsylvania.] 

SEC.  3.  The  State  treasurer  shall  not  disburse  any  of  the  moneys  herein  appro- 
priated until  satisfactory  proof  has  been  made  to  him  that  the  following  reduc- 
tions have  been  made  in  the  salaries  of  all  officers  and  employees  in  said  institu- 
tion, namely,  10  per  cent  on  all  salaries  between  $800  and  $1,500  and  15  per  cent 
on  all  salaries  over  $1,500.  (June  12,  1878.) 

Laws,  1887,  No.  56:  SECTION  1.  The  trustees  of  the  said  the  Pennsylvania  State 
College,  are  hereby  authorized  to  sell  the  farms  commonly  known  as  the  eastern 
and  western  experimental  farms,  or  either  of  them,  at  the  highest  price  at  which 
they  can  be  sold,  at  public  or  private  sale,  as  a  whole  or  in  parcels,  after  at  least 
sixty  days'  notice  of  such  sale  being  given  weekly  in  two  of  the  newspapers  pub- 
lished in  the  county  where  such  farm  is  located.  *  The  proceeds  of  such  sale  shall 
be  paid  by  said  trustees  into  the  State  treasury,  with  satisfactory  evidence  to  the 
governor  and  treasurer  that  such  sale  was  conducted  in  good  faith,  according  to 
the  requirements  of  this  act,  and  shall  there  be  held  as  a  special  fund,  to  be  invested 
in  the  bonds  of  the  State,  or  otherwise,  the  interest  on  which,  at  6  per  cent  per 
annum,  shall  be  paid  by  the  State  treasurer,  in  equal  quarterly  installments,  on 
the  1st  day  of  January,  April,  July,  and  October  in  each  and  every  year,  to  the 
said  trustees  of  the  State  College,  to  be  used  by  them  for  the  sole  and  exclusive 
purpose  of  maintaining  a  mechanical  workshop  and  chemical  laboratories,  and  of 
conducting  educational  and  scientific  experiments  on  the  experimental  farm 
located  at  the  State  College,  and  laboratory  tests  and  investigations  connected 
therewith,  and  the  principal  of  said  proceeds  is  hereby  inviolably  appropriated 
and  set  apart  as  and  for  the  uses  herein  prescribed:  Provided,  That  before  any 
portion  of  the  income  thereof  shall  be  paid  to  the  said  trustees  they  shall  execute 
and  file  with  the  secretary  of  the  Commonwealth  an  agreement  to  expend  the 
whole  of  such  income  in  the  manner  and  for  the  purposes  herein  designated,  and 
shall  annually  make  to  the  governor  a  full  statement  of  their  income  and  expendi- 
tures under  this  head:  And  provided  further,  That  nothing  contained  in  this  act 
shall  be  construed  to  release  the  said  trustees  from  the  obligation  to  maintain  a 
well-equipped  experimental  farm  near  the  college,  as  now  required  by  law,  or  to 
impair  or  modify  any  other  obligation  or  agreement  now  existing  between  the 
State  of  Pennsylvania  and  said  State  College,  except  as  herein  expressly  provided. 
(May  13,  1887.) 

Laws,  1887,  No.  223:  SECTION  1.  [Appropriates  $68,000  for  buildings,  $22,500 
for  apparatus,  books,  and  equipment,  and  $9,500  for  repairs,  etc.] 

SEC.  2.  [Appropriates  $3,000  per  annum  for  four  years  for  the  agricultural 
experiment  station.]  (June  3,  1887.) 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  179 

Laws,  1889,  No.  52:  SECTION  1.  The  assent  of  the  Commonwealth  of  Pennsyl- 
vania is  hereby  given  to  the  said  act  of  Congress  approved  March  3  [2] ,  1887,  with 
all  its  provisions  and  conditions,  and  the  Pennsylvania  State  College  is  hereby 
designated  as  the  proper  institution,  under  the  provisions  of  said  act  of  February 
19,  1867  [of  the  legislature  of  Pennsylvania],  to  receive  all  appropriations  made 
or  to  be  made  by  Congress  for  the  purpose  of  carrying  into  effect  said  act  or  any 
supplement  or  supplements  thereto.  (April  25,  1889.) 

Laws,  1889.  No.  312:  SECTION  1.  [Appropriates  $95,500  for  buildings,  $18,700  for 
apparatus  and  equipment,  and  $12,800  for  repairs,  etc.]  (May  25,  1889.) 

Laws,  1891,  No.  67:  SECTION  1.  The  assent  of  the  Commonwealth  of  Pennsyl- 
vania is  hereby  given  to  said  act  of  Congress  approved  August  30,  1890,  with  all 
its  provisions  and  conditions,  and  the  Pennsylvania  State  College  is  hereby  desig- 
nated as  the  proper  institution,  under  the  provisions  of  said  act  of  February  19, 
1867  [of  the  legislature  of  Pennsylvania] ,  to  receive  all  appropriations  made  or  to 
be  made  by  Congress  for  the  purpose  of  carrying  into  effect  said  act  or  any  sup- 
plement or  supplements  thereto. 

SEC.  2.  The  State  treasurer  is  hereby  authorized  and  directed  to  record  in  his 
office  the  receipt  of  any  and  all  appropriations  received  from  the  United  States 
under  said  act  of  Congress,  and  to  transfer  the  same  immediately  to  the  treasurer 
of  the  Pennsylvania  State  College,  as  required  by  said  act  approved  August  30, 
1890. 

SEC.  3.  All  acts  and  parts  of  acts  inconsistent  herewith  be,  and  the  same  are 
hereby,  repealed ,  and  the  secretary  of  the  Commonwealth  is  hereby  directed  to  for- 
ward one  certified  copy  of  this  act  to  the  Secretary  of  the  Treasury  of  the  United 
States  and  one  to  the  United  States  Secretary  of  the  Interior.  (May  20, 1891.) 

Laws,  1891,  No.  291:  [Appropriates  $114,500  for  buildings,  $19,000  for  appa- 
ratus and  equipment,  and  $17.000  for  repairs,  etc.]  (June  19,  1891.) 

Laws,  1893,  No.  243:  [Appropriates  $33,000  for  maintenance,  $37,500  for  equip- 
ment, and  $20,220  for  repairs,  etc.]  (June  3,  1893.) 

Laws,  1893,  No.  239:  SECTION  1.  The  secretary  of  the  State  board  of  agriculture 
shall  be  ex  officio  a  member  of  the  board  of  agriculture  and  of  the  board  of 
trustees  of  the  Pennsylvania  State  College.  (June  2,  1893.) 

Laws,  1895,  No.  440:  [Appropriates  $110,006.73  for  buildings,  $52,000  for  main- 
tenance, $20,500  for  apparatus  and  equipment,  and  $29,755.50  for  repairs,  etc.] 
(July  3,  1895.) 

Laws,  1897,  No.  353:  [Appropriates  $63,200  for  maintenance,  $13,250  for  appa- 
ratus and  equipment,  and  $10,882.50  for  repairs,  etc.]  (July  22,  1897.) 

Laws,  1899,  No.  319:  [Appropriates  $39,250  for  maintenance,  $12,000  for  fuel, 
and  $4,051.90  for  insurance.]  (May  13,  1899.) 

Laws,  1901,  No.  503:  [Appropriates  $15,000  for  fuel,  $58,750  for  maintenance, 
$10,707.74  for  repairs,  etc.,  and  $500  for  furniture.]  (July  18,  1901.) 

Laws,  1903,  No.  432:   [Appropriates  $151,805.55.]     (May  15,  1903.) 


RHODE  ISLAND. 

Acts  and  resolves,  January  session,  1863,  Public  resolution  No.  2:  Resolved,  the 
senate  concurring  with  the  house  in  the  passage  hereof,  That  the  general  assem- 
bly of  the  State  of  Rhode  Island  does  hereby  express  its  acceptance  in  behalf  of 
the  State  of  the  benefit  of  the  provisions  of  Chapter  CXXX  of  the  Statutes  of  the 
United  States  passed  at  the  second  session  of  the  Thirty-seventh  Congress  and 
approved  July  2,  1862,  donating  public  lands  to  the  several  States  and  Territories 
which  may  provide  colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts 
upon  the  terms  and  conditions  in  the  said  act  contained  and  set  forth,  and  that 
the  faith  of  the  State  be,  and  is  hereby,  pledged  to  the  United  States  that  upon 
the  receipt  of  the  scrip  provided  to  be  issued  under  the  said  act  of  Congress  it 
will  faithfully  apply  the  proceeds  thereof  to  the  objects  and  in  the  manner  pre- 
scribed by  this  act. 

Resolved,  That  his  excellency  the  governor  be,  and  he  hereby  is,  requested  to 
notify  the  President  of  the  United  States  without  delay  of  the  accepting  by  the  leg- 
islature of  this  State  of  the  donation  of  scrip  for  120,000  acres  of  the  public  lands 
of  the  United  States  (that  quantity  being  30,000  acres  for  each  Senator  and  Repre- 
sentative in  Congress  from  this  State) ,  made  by  the  provisions  of  Chapter  CXXX 
of  the  Statutes  of  the  United  States  approved  July  2, 1862,  *  *  *  upon  the 
terms  and  conditions  in  the  said  act  contained  and  set  forth,  and  to  furnish  at  the 
same  time  a  copy  of  said  notification  to  the  Secretary  of  the  Interior. 


180  EDUCATION    REPORT,  1903. 

Resolved,  That  his  excellency  the  governor  be,  and  he  hereby  is,  fully  authorized 
and  empowered  by  himself  or  his  order  to  receive  from  the  Secretary  of  the  Interior 
or  any  other  person  authorized  to  issue  the  same  the  land  scrip  to  which  this  State 
is  entitled  under  the  provisions  of  Chapter  CXXX  of  the  Statutes  of  the  United 
States,  passed  at  the  second  session  of  the  Thirty-seventh  Congress  and  approved 
July  2,  1862,  *  *  *  and  to  hold  the  said  scrip  subject  to  the  future  order  of 
this  general  assembly.  [By  a  resolution  passed  at  this  same  session  Brown  Uni- 
versity was  made  the  beneficiary  of  the  land-scrip  fund  and  remained  so  until  1894.] 

Acts  and  Resolves,  January  session,  1887,  Resolve  No.  18:  The  State  of  Rhode 
Island  hereby  assents  to  and  accepts  the  provisions  and  purposes  of  the  act  passed 
by  the  Forty-ninth  Congress  of  the  United  States  and  approved  March  3  [2] ,  1887, 
entitled,  etc.  (March  31,  1887.) 

Acts  and  Resolves,  January  session,  1888,  chapter  706:  SECTION!.  The  sum  of 
$5,000  is  hereby  appropriated  to  be  paid  out  of  the  treasury  for  the  purpose  of 
establishing  a  State  agricultural  school. 

SEC.  2.  The  governor  shall,  with  the  advice  and  consent  of  the  senate,  appoint  a 
board  of  five  managers,  who  shall  be  practical  agriculturists.  One  member  of  said 
board  shall  be  appointed  from  each  county,  who  shall  manage  and  control  the 
State  agricultural  school.  The  members  of  said  board  first  appointed  shall  hold 
their  offices  one  for  one  year,  one  for  two  years,  one  for  three  years,  one  for  four 
years,  and  one  for  five  years,  and  until  their  successors  shall  be  qualified  to  act. 
In  every  year  hereafter  there  shall  be  one  member  of  said  board  appointed  for  the 
term  of  five  years.  In  case  of  a  vacancy  in  said  board  such  vacancy  shall  be  filled, 
if  the  general  assembly  be  in  session,  by  the  governor,  with  the  advice  and  con- 
sent of  the  senate;  if  not  in  session,  by  the  governor  until  the  next  session  of  the 
general  assembly,  when,  as  soon  as  may  be,  an  appointment  shall  be  made  by  the 
governor,  with  the  advice  and  consent  of  the  senate,  to  fill  such  vacancy,  and 
the  person  so  appointed  shall  hold  his  office  for  the  remainder  of  the  unexpired 
term. 

SEC.  3.  The  said  board  of  managers  shall  establish  a  system  of  government  for 
said  school,  and  shall  make  all  necessary  rules  and  regulations  for  receiving 
students  and  giving  instruction  on  agricultural  and  kindred  subjects.  They 
may  establish  rates  of  tuition.  They  shall  appoint  such  officers,  teachers,  and 
employees  as  shall  be  necessary,  and  prescribe  their  duties  and  fix  their  compen- 
sation. They  shall  report  annually  to  the  general  assembly  at  the  January  session. 

SEC.  4.  Any  sum  which  shall  be  received  by  the  State  by  virtue  of  any  act  of 
Congress  for  the  promotion  of  agriculture  shall  be  appropriated  to  the  use  of  said 
board  for  the  purpose  for  which  said  sum  is  appropriated.  (March  23,  1888.) 

Public  Laws,  January  session,  1892,  chapter  1078:  SECTION  1.  The  present  board 
of  managers  of  the  State  agricultural  school  and  their  successors,  for  the  terms 
for  which  they  have  been  or  for  which  they  hereafter  may  be  appointed  or  elected 
as  such  managers,  are  hereby  declared  to  be  a  body  politic  and  corporate  for  the 
purpose  of  continuing  and  maintaining  said  State  agricultural  school  as  a  college 
where  the  leading  object  shall  be,  without  excluding  other  scientific  and  classical 
studies,  and  including  military  tactics,  to  teach  such  branches  of  learning  as  are 
related  to  agriculture  and  the  mechanic  arts  in  order  to  promote  the  liberal  and 
practical  education  of  the  industrial  classes  in  the  several  pursuits  and  professions 
of  life,  as  provided  in  the  act  of  the  Congress  of  the  United  States  approved  July  2, 
1862,  *  *  and  for  the  purpose  of  continuing  and  maintaining  an  agricultural 
experiment  station  as  a  department  of  said  college  under  and  in  accordance  with 
and  to  carry  out  the  purposes  of  the  act  of  Congress  approved  March  2,  1887, 
by  the  name  of  Rhode  Island  College  of  Agriculture  and  Mechanic  Arts, 
with  all  the  powers  and  privileges  and  subject  to  all  the  duties  and  liabilities  set 
forth  in  chapter  152  of  the  Public  Statutes  and  in  any  acts  in  amendment  thereof 
or  in  addition  thereto. 

SEC.  2.  Said  college  and  experiment  station  shall,  until  otherwise  ordered,  be 
located  in  the  town  of  South  Kingstown,  upon  the  estate  now  occupied  by  said  State 
agricultural  school  and  experiment  station.  And  all  moneys  hereafter  received 
under  said  act  of  Congress  approved  March  2, 1887,  and  under  the  act  of  Congress 
approved  August  30, 1890,  '  *  *  and  all  other  moneys  which  shall  be  received 
by  the  State  for  the  promotion  of  agriculture  or  the  mechanic  arts  under  or  by 
virtue  of  any  act  of  Congress  shall,  as  and  when  received,  be  paid  over  to  the 
treasurer  for  the  time  being  of  said  college  corporation,  to  be  used  and  applied 
and  accounted  for  by  the  managers  and  officers  of  said  corporation  for  the  time 
being,  as  required  by  the  several  acts  of  Congress  under  which  the  same  are 
received.  And  the  managers  and  officers  of  said  corporation  shall  perform  all 
the  duties  and  make  and  publish,  distribute  and  render  all  bulletins  and  reports 
required  by  said  acts  of  Congress  or  by  any  acts  in  amendment  thereof  or  supple- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  181 

mentary  thereto,  and  shall  also  report  to  the  general  assembly  annnally  at  its 
January  session. 

SEC.  3.  The  said  members  of  the  present  board  of  managers  of  the  State  agri- 
cultural school  are  hereby  created  and  declared  to  be  the  board  of  managers  of 
said  college  corporation,  and  their  respective  terms  of  office  shall  expire  at  the 
same  times  as  they  would  have  expired  under  the  provisions  of  said  act,  chapter 
706,  to  which  this  act  is  in  amendment.  And  all  future  members  of  said  board 
of  managers  of  said  college  corporation  and  all  future  vacancies  in  said  board 
shall  be  appointed  and  filled  in  the  manner  provided  by  section  2  of  said  chapter 
706,  except  that  the  words  "who  shall  be  practical  agriculturists,"  in  said  section 
2,  are  hereby  repealed;  and  every  future  member  of  said  board  shall  be  a  domi- 
ciled inhabitant  of  the  same  county  as  was  the  retiring  member  of  the  board 
whose  place  he  is  appointed  to  fill. 

SEC.  4.  Said  board  of  managers  shall  annually  elect  one  of  their  own  number 
to  be  president  of  the  board,  who  shall  also  be  president  of  the  corporation,  and 
shall  continue  in  office  until  his  successor  is  elected.  They  shall  also  from  time 
to  time  appoint  a  treasurer  and  a  clerk,  who  shall  also  be  officers  of  the  corpora- 
tion, and  who  may  be,  but  need  not  necessarily  be,  the  same  person  or  members  of 
the  board,  and  who  shall  hold  their  respective  offices  at  the  pleasure  of  the 
board  The  treasurer  before  entering  upon  his  office  shall  give  bond  to  the  State 
for  the  faithful  discharge  of  his  duties,  in  form  to  be  approved  by  the  attorney- 
general,  in  a  penal  sum  to  be  fixed  by  the  said  board  of  managers,  and  with 
surety  or  sureties  to  be  approved  by  the  governor,  such  bond  to  be  filed  and  to 
be  kept  on  file  in  the  office  of  the  secretary  of  state,  and  which  bond  shall  be 
renewed  whenever  required  by  the  board  of  managers  or  by  the  governor.  And 
the  treasurer  shall  make  a  full  detailed  report  annually  to  the  general  assembly 
at  its  January  session  of  all  his  receipts  and  expenditures,  properly  audited  by 
ill*  hoard  of  managers  or  a  committee  thereof. 

Sr.«  .  r>.  Said  board  of  managers  shall  have  the  general  care  and  management  of 
said  estate  in  South  Kingstown  and  of  said  college  and  experiment  station,  and 
may  employ  such  professors,  teachers,  and  other  persons  in  and  about  the  same,  and 
prescribe  their  duties  and  fix  their  compensation,  and  from  time  to  time  make  rules 
and  regulations  for  their  government,  and  may  also  make  by-laws,  rules,  and  reg- 
ulations to  govern  their  own  meetings  and  proceedings.  Said  board  of  managers 
shall  from  time  to  time  appoint  the  faculty  of  said  college;  and  such  faculty  shall 
from  time  to  time  arrange  the  courses  of  study,  conforming  to  said  acts  of  Con- 
gress in  this  behalf,  and  prescribe  such  qualifications  for  admission  of  students, 
and  such  rules  of  study,  exercise,  discipline,  and  government  as  they  shall  deem 
proper;  they  may  also  '^rant  academical  degrees  and  diplomas  appropriate  to  the 
courses  of  study  to  those  students  of  good  moral  character  who  shall  have  pursued 
the  prescribed  courses  and  passed  satisfactory  examinations.  (May  19,  1892.) 

[From  1893  to  1899,  both  inclusive,  the  general  assembly  appropriated  annually 
$10,000  to  the  college  of  agriculture  and  mechanic  arts.  An  act  passed  May 
24,  1899,  provides:  "  The  sum  of  $15,000  is  hereby  annually  appropriated  for  the 
purpose  of  defraying  the  expenses  of  said  college  corporation,  the  same  to  be 
expended  under  the  direction  of  the  managers  and  officers  of  said  corporation  for 
the  time  being/'] 


SOUTH  CAROLINA. 

Constitution  (1895).  Article  XI:  SEC.  8.  The  general  assembly  may  provide  for 
the  maintenance  of  Clemson  Agricultural  College,  *  *  *  as  now  established 
by  law ,  and  may  create  scholarships  therein.  The  proceeds  realized  from  the  land 
scrip  given  by  the  act  of  Congress  passed  July  2, 1862,  for  the  support  of  an  agri- 
cultural college,  and  any  lands  or  funds  which  have  heretofore  been  or  may  here- 
after be  given  or  appropriated  for  educational  purposes  by  the  Congress  of  the 
United  States,  shall  be  applied  as  directed  in  the  acts  appropriating  the  same: 
Provided,  That  the  general  assembly  shall,  as  soon  as  practicable,  wholly  separate 
Claflin  College  from  Claflin  University  and  provide  for  a  separate  corps  of  pro- 
fessors and  instructors  therein,  representation  to  be  given  to  men  and  women  of 
the  negro  race:  and  it  shall  be  the  Colored  Normal,  Industrial,  Agricultural,  and 
Mechanical  College  of  this  State. 

f  The  following  matter  is  taken  from  Code  of  Laws  of  South  Carolina,  1902.    2  vols.,  Columbia, 

S.  C.,  1902.] 

SKC.  1293.  There  shall  be  established  within  this  State  a  normal,  industrial, 
agricultural,  and  mechanical  college  for  the  higher  education  of  the  colored  youth 


182  EDUCATION    REPORT,  1903. 

of  the  State,  and  the  said  college  shall  be  known  as  the  "  Colored  Normal,  Indus- 
trial, Agricultural,  and  Mechanical  College  of  South  Carolina." 

The  Colored  Normal,  Industrial,  Agricultural,  and  Mechanical  College  of  South 
Carolina  shall  be  a  branch  of  the  State  University,  but  shall  be  under  the  manage- 
ment and  control  of  a  separate  board  of  trustees,  composed  of  seven  members,  six 
of  whom  shall  be  elected  by  the  general  assembly,  whose  term  of  office  shall  be 
six  years.  But  the  general  assembly  shall  at  its  present  session  elect  two  of  said 
trustees  for  two  years,  two  for  four  years,  and  two  for  six  years,  so  that  two  of 
them  shall  go  out  of  office  every  two  years.  The  governor  of  the  State  shall  be 
ex  officio  the  seventh  member  of  said  board  of  trustees.  (March  3,  1896.) 

SEC.  1294.  The  board  of  trustees  of  the  Colored  Normal,  Industrial,  Agricul- 
tural, and  Mechanical  College  of  South  Carolina  are  hereby  fully  authorized  and 
empowered  to  take  charge  of,  manage,  and  control  all  of  the  real  and  personal 
property  belonging  to  Claflin  College,  in  whosesoever  hands  or  custody  the  same 
may  be  now  or  hereafter  found,  and  shall  hold  the  same  in  trust  for  the  benefit 
and  uses  of  the  said  Colored  Normal,  Industrial,  Agricultural,  and  Mechanical 
College  of  South  Carolina.  (March  3,  1896.) 

SEC.  1295.  The  board  of  trustees  of  the  Colored  Normal,  Industrial,  Agricul- 
tural, and  Mechanical  College  of  South  Carolina  shall  have,  and  are  hereby  given, 
full  and  ample  power  to  do  and  to  perform  any  and  all  acts  whatsoever  necessary 
to  effect  a  complete  and  final  separation  of  the  interests  of  the  State  from  those 
of  Claflin  University,  and,  if  found  necessary  to  protect  or  promote  the  interests  of 
the  State,  the  authority  here  given  shall  authorize  said  trustees  to  sell,  purchase, 
or  exchange  real  estate. 

The  Colored  Normal,  Industrial,  Agricultural,  and  Mechanical  College  of  South 
Carolina  shall  have  all  the  rights  and  privileges  possessed  by  Claflin  College,  and 
be  entitled  to  receive  all  the  funds  set  apart  for  the  support  of  Claflin  College 
under  the  acts  of  the  general  assembly  of  this  State,  and  the  said  college  shall  for- 
ever be  and  remain  free  and  separate  from  Claflin  University  and  all  other  colleges, 
schools,  or  other  institutions  which  are  wholly  or  in  part  under  the  direction  or 
control  of  any  church  or  religious  or  sectarian  denomination  or  society.  (March 
3,  1896.) 

SEC.  1296.  The  board  of  trustees  of  the  Colored  Normal,  Industrial,  Agricultural, 
and  Mechanical  College  of  South  Carolina  are  authorized  and  empowered  to  pro- 
vide all  necessary  suitable  buildings  upon  a  proper  site  for  the  purpose,  to  establish 
a  course  of  study  covering  the  normal,  industrial,  agricultural,  and  mechanical 
sciences  and  provide  the  necessary  appliances  for  proper  instruction  in  the  same, 
and  to  select  a  proper  corps  of  professors  and  instructors  and  fix  their  salaries. 
The  principal  or  president  and  corps  of  instructors  shall  be  of  the  negro  race. 
(March  3,  1896.) 

SEC.  1297.  A  majority  of  the  board  of  trustees  shall  be  necessary  for  the  trans- 
action of  any  business.  (March  3,  1896.) 

SEC.  1298.  One-half  of  the  fund  known  as  the  "  land-scrip  fund,"  to  wit,  $95,900, 
shall  be  for  the  benefit  of  the  Colored  Normal,  Industrial,  Agricultural,  and 
Mechanical  College  of  South  Carolina,  and  shall  be  a  perpetual  fund,  which  shall 
forever  remain  undiminished,  and  the  board  of  trustees  are  authorized  to  use  the 
income  thereon,  to  wit,  6  per  cent  per  annum,  payable  semiannually,  from  July  1, 

1889,  for  the  use  and  maintenance  of  said  college. 

SEC.  1299.  All  sums  which  shall  be  received  by  the  State  from  the  United  States 
Government  under  the  provisions  of  the  act  of  Congress  approved  August  30, 

1890,  *    *    *    shall  be  equally  divided  between  the  Colored  Normal,  Industrial, 
Agricultural,  and  Mechanical  College  and  the  Clemson  Agricultural  College,  to 
be  applied  to  the  purposes  specified  in  said  acts.     (December  24,  1890.) 

SEC.  1300.  The  Hon.  Thomas  G.  Clemson  having  departed  this  life  on  April  6, 
1888,  leaving  of  force  his  last  will  and  testament,  which  was  duly  admitted  to 
probate  on  April  20,  1888,  in  the  office  of  the  judge  of  probate  for  the  county  of 
Oconee,  in  the  State  of  South  Carolina,  wherein  he  devised  and  bequeathed  to  his 
executor  *  *  *  a  tract  of  land  situate  on  Seneca  River,  in  Oconee  County,  in 
said  State,  containing  814  acres,  more  or  less,  known  as  the  Fort  Hill  plantation, 
as  well  as  all  his  other  property,  both  real  and  personal,  except  certain  legacies  in 
the  said  will  mentioned  and  provided  for,  all  in  trust  to  convey  to  the  State  of 
South  Carolina  when  the  said  State  shall  accept  the  same  for  the  purpose  of  estab- 
lishing and  maintaining  an  agricultural  college  upon  the  aforesaid  Fort  Hill 


plantation  upon  the  terms  and  conditions  of  said  will,  the  State  of  South  Carolina 
hereby  expressly  declares  that  it  accepts  the  c 


devise  and  bequest  of  Thomas  G. 

Clemson  subject  to  the  terms  and  conditions  set  forth  in  his  said  last  will  and  tes- 
tament, and  the  treasurer  of  the  State  is  hereby  authorized  and  empowered  to 
receive  and  securely  hold  the  said  property,  both  real  and  personal,  and  to  exe- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  183 

cute  all  necessary  papers  and  receipts  therefor  as  soon  as  the  said  executor  shall 
convey  and  transfer  the  said  devise  and  bequest  to  the  said  State.  (November 
27,  1889.) 

SEC.  1301.  The  deed  and  transfer  of  said  property  to  the  State  having  been  duly 
executed  and  made  by  the  said  executor,  in  accordance  with  the  provisions  of  said 
will,  an  agricultural  and  mechanical  college  is  hereby  established  in  connection 
with  the  aforesaid  devise  and  bequest,  to  be  styled  "The  Clemson  Agricultural 
College  of  South  Carolina,"  and  situated  at  Fort  Hill,  in  Oconee  County,  on  the 
plantation  so  devised,  in  which  college  shall  be  taught  all  branches  of  study  per- 
taining to  practical  and  scientific  agriculture  and  other  industries  connected  there- 
with, and  such  other  studies  as  are  not  inconsistent  with  the  terms  of  the  said 
will.  (November  27,  1889.) 

SEC.  1302.  The  said  college  shall  be  under  the  management  and  control  of  a 
board  of  thirteen  trustees,  composed  of  the  seven  members  nominated  by  said 
svill  and  their  successors  and  six  members  to  be  elected  by  the  legislature  in  joint 
assembly.  (November  27,  1889.) 

Three  of  the  trustees  elected  in  1898  shall  serve  for  the  term  of  two  years,  and 
three  of  said  trustees  shall  serve  for  the  term  of  four  years,  from  the  commence- 
ment of  their  terms  and  until  their  successors  shall  be  elected,  and  the  said  six 
trustees,  immediately  after  their  election,  shall  cast  lots  to  determine  which  three 
of  said  trustees  shall  serve  for  the  term  of  two  years  and  which  three  shall  serve 
for  the  term  of  four  years.  Hereafter  every  two  years  the  general  assembly  shall 
elect  in  joint  assembly  three  trustees  for  said  college,  who  shall  serve  for  the  term 
of  four  years  and  until  their  successors  shall  be  elected  and  shall  qualify.  (Feb- 
ruary 16,  1898.) 

The  board  of  trustees  shall  elect  one  of  their  number  to  be  president,  and  elect 
a  secretary  and  fix  his  salary.  They  shall  organize  the  college  and  put  it  in  opera- 
tion as  soon  as  practicable  after  the  passage  of  this  act,  shall  prescribe  the  course 
of  study,  shall  declare  the  professorships,  elect  the  professors,  of  whom  the  num- 
ber shall  not  exceed  ten,  and  define  their  duties  and  fix  their  salaries,  and  make  all 
rules  and  regulations  for  the  government  of  the  college.  They  may  employ  such 
superintendent,  head  workman,  laborers  for  the  farm,  shops,  and  grounds  as  may 
be  necessary,  and  fix  their  compensation.  They  shall  charge  each  student  a 
tuition  fee  at  $40  per  annum:  Provided,  however,  The  board  of  trustees  of  said 
Clemson  Agricultural  College  may  grant  free  tuition  to  such  competent  and  deserv- 
ing youths  of  this  State  as  may  be  unable  to  pay  the  same,  and  the  said  board  of 
trustees  shall  prescribe  such  rules  and  regulations  as  may  be  proper  to  confine 
the  enjoyment  of  this  privilege  to  those  whose  necessities  require  it.  (November 
27,  1889,  and  March  2,  1897.) 

SEC.  1303.  The  said  board  of  trustees  is  hereby  declared  to  be  a  body  politic  and 
corporate  under  the  name  and  style  of  the  Clemson  Agricultural  College  of  South 
Carolina.  They  shall  have  a  corporate  seal,  which  they  may  change  at  their  dis- 
cretion, and  in  their  corporate  name  they  may  contract  for,  purchase,  and  hold 
property  for  the  purposes  of  this  article,  and  may  take  any  property  or  money 
given  or  conveyed  by  deed,  devise,  or  bequest  of  [to]  said  college,  and  hold  the 
same  for  its  use  and  benefit:  Provided,  That  the  conditions  of  such  gift  or  con- 
veyance shall  in  no  case  be  inconsistent  with  the  purposes  of  this  chapter,  and 
shall  incur  no  obligation  on  the  part  of  the  State.  They  shall  securely  invest 
all  funds  and  keep  all  property  which  may  come  into  their  possession,  and  may 
sell  any  of  the  personal  property  not  subject  to  the  trust,  and  reinvest  the  same 
in  such  way  as  they  may  deem  best  for  the  interest  of  said  college.  They  may 
sue  and  be  sued,  plead  and  be  inapleaded,  in  their  corporate  name,  and  may  do  all 
things  necessary  to  carry  out  the  provisions  of  this  chapter,  and  may  make  by-laws 
for  this  purpose  if  they  deem  it  necessary.  (November  27,  1889.) 

SEC.  1304.  It  shall  require  a  two-thirds  vote  of  the  said  board  of  trustees  to 
authorize  the  expenditure  of  any  moneys  appropriated  to  the  said  college  by  the 
State,  or  to  authorize  the  sale  or  transfer  or  reinvestment  of  any  property  or  mon- 
eys arising  from  the  sale  of  any  property  under  the  provisions  of  this  chapter. 
(November  27,  1889.) 

SEC.  1305.  It  shall  be  the  duty  of  said  board  of  trustees  to  make  to  the  legisla- 
ture an  annual  report  of  the  college  and  of  all  farming  operations  and  tests  and 
experiments,  and  of  all  receipts  and  expenditures,  with  a  statement  of  the  condi- 
tion of  the  property  and  funds  of  said  college,  and  of  all  receipts  and  expenditures 
of  money  appropriated  thereto  by  the  State.  (November  27,  1889.) 

SEC.  1306.  The  State  treasurer  shall  securely  invest  and  reinvest  the  funds  now 
in  his  hands  and  such  as  may  hereafter  come  into  his  hands,  derived  from  the 
Clemson  bequest,  in  such  manner  as  shall  be  directed  by  the  governor,  the  comp- 
troller-general, and  the  treasurer  of  the  State,  or  any  two  of  them.  He  is  hereby 


184  EDUCATION    REPORT,  1903. 

authorized  to  collect  the  interest  annually  upon  all  investments  made  of  funds  of 
the  Clemson  bequest,  and  pay  the  game  over  to  the  treasurer  of  the  board  of 
trustees  of  Clemson  Agricultural  College.  It  shall  be  his  duty,  under  the  direc- 
tion of  the  governor,  the  comptroller-general,  and  the  treasurer  of  the  State,  or 
any  two  of  them,  to  enforce  the  collection  of  the  principal  or  interest  due  on  any 
investments  made  of  such  Clemson  bequest.  (December  23,  1890.) 

SEC.  1307.  The  State  treasurer  is  hereby  authorized  and  empowered  to  collect  by 
suit  or  otherwise,  or  to  sell  and  convert  into  money,  all  the  evidences  of  indebted- 
ness now  held  by  him,  and  which  was  turned  over  to  him  as  a  part  of  the  Clem- 
son bequest,  and  that  when  he  shall  have  received  the  money  on  same,  that  he 
invest  the  same  in  Brown  consols  bearing  interest  at  6  per  cent  per  annum.  When 
said  funds  are  invested  in  said  Brown  consols,  as  provided  for  in  this  section,  then 
the  State  treasurer  shall  issue  a  certificate  of  State  stock  in  a  sum  equal  to  the 
value  of  said  Brown  consols,  bearing  interest  at  the  rate  of  6  per  cent  per  annum, 
payable  semiannually  to  the  board  of  trustees  of  the  Clemson  Agricultural  Col- 
lege, to  be  held  as  a  perpetual  fund,  the  capital  of  which  shall  forever  remain 
un diminished,  the  interest  on  same  to  be  used  by  said  board  of  trustees  for  the 
uses  of  said  Clemson  Agricultural  College,  and  when  the  said  State  stock  is  so 
issued,  he  do  then  cancel  the  said  Brown  consols  in  the  place  of  which  the  said 
State  stock  was  issued.  (December  22, 1891.) 

SEC.  1308.  One-half  of  the  land-scrip  fund  heretofore  vested  by  section  1045  of 
the  general  statutes  (1882)  in  the  board  of  trustees  of  the  University  of  South  Caro- 
lina is  hereby  vested  in  the  six  members  of  the  board  of  trustees  of  the  Clemson 
Agricultural  College  of  South  Carolina,  elected  by  the  general  assembly,  and  the 
State  treasurer  is  authorized  and  required  to  issue  a  certificate  of  State  stock  in 
the  sum  of  $95,900,  bearing  interest  at  the  rate  of  6  per  cent  per  annum,  payable 
semiannually  to  the  said  six  members  of  the  said  board  of  trustees,  to  be  held  as  a 
permanent  fund,  the  capital  of  which  shall  forever  remain  undiminished,  the 
income  of  said  fund  to  be  used  by  said  board  of  trustees  for  the  building  and  main- 
tenance of  the  said  Clemson  Agricultural  College  in  accordance  with  the  purposes 
for  which  the  said  land  scrip  was  donated  by  the  act  of  Congress  in  relation 
thereto.  (December  23, 1889.) 

SEC.  1309.  The  annual  grant  of  $15,000,  commonly  known  as  the  Hatch  bill  fund, 
made  to  the  State  of  South  Carolina  by  the  Congress  of  the  United  States,  accord- 
ing to  the  terms  of  an  act  of  Congress  '  •  approved  March  2, 1887,  shall  be, 
and  hereby  is,  withdrawn  from  the  control  of  the  board  of  trustees  of  the  Univer- 
sity of  South  Carolina,  in  whom  it  was  vested  by  an  act  *  *  *  approved  Decem- 
ber 22,  1887,  and  the  said  grant  of  $15,000  is  hereby  vested  in  the  six  members  of 
the  board  of  trustees  of  the  Clemson  Agricultural  College  of  South  Carolina  chosen 
by  the  general  assembly,  and  an  agricultural  experiment  station  shall  be  estab- 
lished in  connection  with  the  said  Clemson  Agricultural  College  and  under  the 
direction  of  the  board  of  trustees  thereof,  to  be  supported  by  said  grant  according 
to  the  provisions  of  the  act  of  Congress  hereinbefore  mentioned.  (December  23, 
1889.) 

I  SEC.  1310.  The  department  of  agriculture  of  this  State,  as  heretofore  constituted 
and  provided  for  by  law,  is  abolished,  and  also  the  office  of  commissioner  of  agri- 
culture for  this  State.  (December  24,  1890.) 

»  SEC.  1311.  All  the  powers,  duties,  rights  and  privileges  heretofore  vested  in  and 
exercised  by  the  commissioner  of  agriculture  and  the  department  of  agriculture  of 
this  State  are  hereby  vested  in  and  devolved  upon  the  board  of  trustees  of  the 
Clemson  Agricultural  College  of  South  Carolina,  except  that  said  board  shall  not 
have  any  rights,  powers,  or  privileges  in  reference  to  or  in  connection  with  the 
management  and  control  of  the  rights  and  interests  of  the  State  in  the  phosphate 
rock  or  phosphatic  deposits  in  the  navigable  streams  and  marshes  thereof.  (De- 
cember 24,  1890.) 

SEC.  1312.  For  the  purpose  of  carrying  out  the  duties  hereby  devolved  upon 
them,  the  said  board  of  trustees  shall  meet  at  the  call  of  the  governor,  and  at  such 
time  and  place  as  he  may  designate.  They  shall  receive  no  compensation,  but 
shall  be  allowed  their  actual  expenses  for  not  exceeding  two  meetings  in  one  year 
while  engaged  in  the  duties  of  the  board  imposed  upon  them  by  this  article. 
(March  6,  1899.) 

SEC.  1313.  The  duties  and  powers  of  the  said  board  of  trustees  are  as  follows: 

1.  They  shall  regulate  the  returns  of  such  county  agricultural  societies  as  may 
be  chartered  by  the  State,  prescribe  the  forms  of  such  return,  and  furnish  all 
blanks  necessary  for  securing  uniform  and  reliable  statistics  of  their  operations. 

2.  They  shall  issue  to  the  several  county  auditors  of  the  State,  blanks  with  com- 
plete instructions  for  the  collection  of  agricultural  statistics  and  information. 


LAWS    RELATING    TO    LAND-GKANT    COLLEGES.  185 

The  auditors  shall  promptly  return  such  blanks  to  the  board,  filled  in  accordance 
with  such  instructions. 

3.  They  shall  investigate  all  subjects  relating  to  the  improvement  of  the  agri- 
cultural interests  of  the  State,  the  inducement  of  immigration  thereto,  and  the 
introduction  of  foreign  capital  therein,  as  they  may  deem  expedient. 

4.  They  shall  have  the  right  to  promulgate  and  enforce  rules  and  regulations 
for  the  guidance  of  the  veterinarian  of  said  college  or  his  assistant,  if  one  shall  be 
appointed,  in  the  treatment  of  horses,  mules,  cattle,  hogs,  or  other  live  stock 
affected  with  any  dangerous  or  contagious  disease. 

5.  The  said  board  shall  have  the  power  to  adopt  rules  and  regulations  consistent 
with  the  laws  of  this  State  and  of  the  United  States,  to  prevent  the  introduction 
into  this  State  of  any  live  stock  that  is  affected  with  any  contagious  disease,  the 
tendency  of  which  is  to  cause  the  death  of  said  live  stock. 

6.  They  shall  have  power,  in  case  of  contagious  disease  among  any  kind  of  stock 
or  animals,  either  to  establish  rules  of  quarantine  or  to  have  the  infected  animals 
killed  and  burned. 

7.  Said  board,  or  a  committee  thereof  appointed  by  them,  shall  supervise  and 
enforce  the  execution  of  all  laws  respecting  the  sale  of  commercial  fertilizers  and 
seeds  within  the  State,  and  any  other  duties  by  this  chapter  devolved  upon  them. 

8.  They  shall  appoint  a  special  inspector  or  inspectors  of  fertilizers,  and  such 
other  persons  as  they  may  deem  necessary  for  carrying  out  the  duties  of  the 
department  of  agriculture  hereby  devolved  upon  them,  and  fix  their  compensation. 

9.  They  shall  collect  samples  of  any  commercial  fertilizers  offered  for  sale  in 
this  State,  and  cause  the  same  to  be  analyzed.    Such  samples  must  be  taken  from 
at  least  10  per  cent  of  the  lot  analyzed. 

10.  They  shall  prepare  and  keep  in  their  department  books  of  registry,  in  which 
any  person  may  cause  to  be  entered  any  tract  or  lot  of  land  which  he  may  desire 
to  sell,  stating  the  terms  of  sale.    And*such  person  may  file  also  any  plat  or  other 
descriptive  paper  relating  to  such  lands  as  he  may  think  proper.     They  shall  also 
keep  books  in  which  shall  be  entered  the  names  of  persons  desiring  employment 
as  laborers.     The  registry  fee  for  each  tract  of  land,  or  for  each  person  seeking 
employment,  shall  be  $1.    The  books  shall  be  open  to  inspection  free  of  charge. 

11.  They  shall  communicate  and  cooperate  with  the  Commissioner  [Secretary] 
of  Agriculture  of  the  United  States,  and  shall  receive  from  him  seeds,  plants, 
documents,  and  information,  and  shall  distribute  the  same  as  may  seem  to  the 
bt-st  advantage. 

12.  They  shall  have  power  to  hold  agricultural  conventions  composed  of  dele- 
gates from  each  county  in  the  State,  to  be  apportioned  to  each  county  and  elected 
in  such  manner  as  the  board  may  provide;  and  to  conduct  farmers'  institutes  at 
such  times  and  places  as  may  appear  expedient;  and  they  are  authorized  to  use 
such  parts  of  the  funds  under  their  control  as  may  be  necessary  to  meet  the 
expense  of  conducting  such  conventions  and  institutes,  but  no  compensation,  per 
diem,  or  mileage  shall  be  paid  to  the  delegates  of  such  conventions. 

SEC.  1314.  The  Clemson  Agricultural  College  of  South  Carolina  is  hereby  author- 
ized and  empowered  to  construct,  maintain,  and  operate  a  railroad  between  the 
Clemson  Agricultural  College  of  South  Carolina  and  Calhonn  station,  on  the  line 
of  the  Atlanta  and  Charlotte  Air  Line  Railway,  with  all  the  rights,  powers,  duties, 
and  privileges  that  are  conferred  and  imposed  by  the  laws  of  the  State  upon  rail- 
road companies.  The  said  Clemson  Agricultural  College  of  South  Carolina,  for 
the  purpose  of  the  construction  of  said  railroad,  shall  be  entitled  to  all  the  rights 
and  privileges  (and  be  subject  to  all  the  liabilities  of  railroad  corporations)  em- 
braced in  what  is  called  the  *•  general  railroad  law  "  and  acts  amendatory  thereof , 
as  well  as  any  acts  now  existing  or  hereafter  to  be  passed  regulating  the  duties, 
privileges,  and  rights  of  railroad  companies.  (February  19,  1900.) 

SEC.  1315.  After  construction  of  said  railroad  the  said  Clemson  Agricultural 
College  of  South  Carolina,  for  the  purpose  of  operating  the  same,  is  empowered 
to  lease,  in  any  lawful  manner,  the  said  railroad  to  any  railroad  company  upon 
such  terms  as  may  be  mutually  agreed  upon,  or  may  enter  into  any  agreement 
with  any  railroad  company  for  the  operation  of  the  same.  (February  19, 1900.) 

SEC.  1316.  The  said  Clemson  Agricultural  College  of  South  Carolina  is  author- 
ized to  construct  and  maintain  tramways,  macadam  roads,  electric  roads,  and 
such  other  highways  within  the  incorporation  as  the  board  of  trustees  may  deem 
expedient  for  the  improvement  and  development  of  the  corporation,  and  to  this 
end  shall  have  all  the  powers,  privileges,  and  rights  conferred  by  sections  1314 
and  1315.  (February  19,' 1900.) 

SEC.  1317.  The  veterinarian  of  said  college  shall  have  the  right  to  visit  any  sec- 
tion of  this  State  where  contagious  diseases  among  animals  is  [are]  believed  to 


186  EDUCATION    REPOET,  1903. 

exist  and  shall  determine,  under  the  rules  and  regulations  of  said  board,  whether 
such  affected  animals  are  worthy  of  remedial  treatment  or  should  be  destroyed. 
It  shall  not  be  lawful  for  any  person  or  persons  to  hinder  or  obstruct  said  veteri- 
narian or  his  assistant  in  the  enjoyment  of  the  rights  given  by  this  section  or  in 
the  discharge  of  the  duties  prescribed  by  the  next  succeeding  section.  (February 
19,  1901.) 

SEC.  1318.  When  two  or  more  reputable  citizens  of  any  county  in  this  State  shall 
notify  said  veterinarian  that  any  animals  in  their  county  are  affected  with  a  con- 
tagious disease  the  tendency  of  which  is  to  cause  the  death  of  such  animals,  he 
shall  investigate  the  same  or  cause  an  investigation  thereof  to  be  made:  and  for 
such  purpose  he  or  his  assistant  shall  have  the  right  to  go  upon  any  premises  on 
which  such  affected  animals  are  or  where  they  are  supposed  to  be.  Said  veteri- 
narian shall  have  the  right  to  treat  such  affected  animals  at  the  expense  of  the 
owner  or  owners  of  the  same  or  shall  have  the  right  to  cause  the  same  destroyed 
under  such  rules  and  regulations  as  may  be  prescribed  by  the  said  board.  No 
compensation  shall  be  paid  to  the  owner  or  owners  of  any  animals  destroyed  under 
the  provisions  of  this  section.  The  necessary  expenses  incurred  by  the  veteri- 
narian or  his  assistant  in  the  discharge  of  the  duties  prescribed  in  this  chapter 
shall  he  paid  from  the  funds  of  Clemson  College.  (February  19,  1901.) 

SEC.  1319.  All  the  privilege  tax  on  fertilizers  heretofore  required  to  be  paid  to 
the  commissioner  of  agriculture  shall  in  the  future  be  paid  to  the  treasurer  of  the 
State,  subject  to  the  order  of  the  board  of  trustees  of  the  Clemson  Agricultural 
College  of  South  Carolina;  and  so  much  of  the  money  so  received  as  shall  be 
necessary  to  defray  the  expenses  of  the  board  in  performing  the  duties  now  by  this 
chapter  devolved  upon  them  shall  be  thus  used,  and  the  balance  shall  go  to  the 
said  college  for  its  erection  and  maintenance.  (December  24,  1890.) 

SEC.  1320.  A  municipal  corporation  is  hereby  created  known  as  Clemson  College, 
the  limits  of  which  shall  consist  of  all  the  lands  belonging  to  the  said  college  and 
cover  all  the  territory  included  in  a  circle  formed  with  the  college  building  as  a 
center  with  a  radius  of  5  miles,  thus  making  the  diameter  of  the  circle  10  miles, 
within  which  boundaries  the  jurisdiction  of  the  college  shall  extend.  No  dis- 
pensary shall  ever  be  located  at  Calhoun.  (December2lr,  1894;  February 20, 1901.) 

SEC.  1321.  (1)  The  board  of  trustees  of  Clemson  College  and  their  successors  in 
office  shall  have  perpetual  control  and  direct  the  affairs  of  said  corporation.  (2)  The 
said  board,  by  a  majority  vote,  shall  have  the  power,  and  it  is  made  their  duty,  to 
recommend  a  suitable  person  as  police  magistrate,  who  shall  be  commissioned  by 
the  governor,  and  who  shall  exercise  all  the  powers  of  a  magistrate  and  of  a  city 
recorder  in  punishing  offenses  against  the  law  or  against  the  ordinances  of  the  said 
board  of  trustees;  but  said  magistrate  shall  not  have  jurisdiction  in  Pickens 
County.  The  said  board  of  trustees  shall  have  authority,  and  it  shall  be  their 
duty,  to  make  such  rules  for  the  maintenance  of  order  and  provide  such  punish- 
ments within  the  jurisdiction  of  a  magistrate  by  fine  or  imprisonment,  or  both,  as 
will  keep  the  territory  within  their  jurisdiction  free  from  nuisances  and  enforce 
the  police  regulations  of  the  State.  (December  24,  1894;  February  20,  1901.) 

SEC.  1322.  The  board  of  trustees  of  the  Clemson  Agricultural  College  are 
authorized  and  empowered  to  make  such  by-laws  as  they  deem  proper  to  license 
or  prohibit  the  sale  of  goods,  wares,  and  merchandise  of  any  kind  whatever  011  the 
grounds  belonging  to  the  said  college  as  are  not  repugnant  to  the  laws  of  the  State. 
(December  24,  1892.) 

SEC.  1323.  The  said  board  shall  have  authority  to  appoint  one  or  more  special 
constables,  who  shall  exercise  all  the  power  of  a  State  constable  or  of  a  municipal 
policeman  to  enforce  obedience  to  its  ordinances  and  to  the  laws  of  the  State. 
(December  24, 1894.) 

SEC.  1324.  Nothing  contained  in  sections  1320,  1321,  and  1322  shall  give  said 
board  of  trustees  the  right  to  levy  or  to  collect  any  tax.  (December  24. 1894. ) 

SEC.  1325.  A  report  of  all  their  proceedings  under  this  chapter  shall  be  made 
annually  by  the  board  to  the  general  assembly.  (December  23,  1879.) 

Laws,  1902,  No.  545:  SECTION  1.  On  and  after  the  approval  of  this  act  by  the 
governor  the  authorities  of  Clemson  Agricultural  and  Mechanical  College  are 
hereby  authorized  and  required  to  detail  one  of  its  scientific  agriculturists  to  pay 
frequent  visits  to  the  coast  section  of  the  State,  and  to  examine  the  soils,  present 
methods  of  cultivation,  fertilization,  irrigation,  etc. ,  and  to  make  practical  tests,  on 
some  selected  section,  of  sea-island  cotton,  rice,  and  truck  farms,  with  various 
varieties  of  seeds,  and  to  follow  the  same  up  carefully  during  the  preparation  of 
the  land,  planting  of  seed,  and  cultivation  and  harvesting  of  same,  and  also  to 
examine  into  the  diseases  of  cotton,  rice,  truck,  etc.,  which  have  caused  much 
trouble  and  loss  in  that  section. 

SEC.  2.  It  shall  be  the  duty  of  the  planters  and  farmers  of  the  section  so  visited 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  187 

to  render  hearty  assistance  and  cooperation  in  every  way  in  their  power  to  the 
gentleman  detailed  under  the  provisions  of  section  1  of  this  act.  (February  25, 
1902.) 

Laws,  1903,  No.  1C:  SECTION  1.  On  or  before  April  1,  1901,  and  every  two  years 
thereafter,  the  board  of  trustees  of  Clemson  College  shall  designate  three  mem- 
bers of  the  said  board,  who  shall  constitute  and  be  known  as  the  State  board  of 
entomology,  and  who  shall  be  charged  especially  with  the  execution  of  the  pro- 
visions of  this  act. 

SEC.  2.  The  said  board  is  hereby  authorized  and  empowered  to  make  such  rules 
and  establish  such  regulations  consistent  with  the  laws  of  this  State  and  of  the 
United  States  for  the  government  of  the  inspection,  certification,  sale,  transpor- 
tation, and  introduction  of  trees,  plants,  shrubs,  cuttings,  buds,  vines,  bulbs,  or 
roots  that  the  said  board  may  deem  necessary  or  advisable  to  prevent  the  intro- 
duction or  dissemination  of  destructive  insects  and  plant  diseases. 

SEC.  3.  The  said  board  shall  have  power  to  appoint  an  entomologist,  who  shall 
be  a  skilled  horticulturist,  and  an  assistant  entomologist,  if  ill  their  judgment  it 
shall  be  impracticable  for  the  entomologist  so  to  be  appointed  to  discharge  the 
duties  hereby  devolved  upon  him;  and  such  entomologist  shall  act  as  an  inspector 
under  the  provisions  of  this  act.  And  it  shall  be  the  duty  of  said  board  to  pro- 
mulgate rules  and  regulations  in  accordance  with  this  act  for  the  guidance  of 
said  entomologist  and  his  assistant,  if  one  shall  be  appointed,  in  the  duties 
devolving  upon  him  under  the  provisions  hereof. 

Si:<  •.  4.  The  said  board  shall  fix  the  salary  of  said  entomologist  and  of  his  assist- 
ant, if  one  shall  be  appointed;  the  said  salary  shall  be  paid  out  of  the  funds  now 
provided  by  law  for  the  uses  of  Clemson  College.  And.  in  addition  to  said  salaries, 
such  expenses  as  the  said  board  may  allow  for  traveling  and  other  incidental 
expenses  of  the  entomologist  and  his  assistant,  and  the  issuing  of  reports  or  other 
publications,  shall  be  paid  out  of  the  funds  provided  for  the  uses  of  Clemson 
College.  (February  23,  1903.  The  remaining  sections  describe  the  duties  and 
powers  of  the  entomologist.) 


SOUTH  DAKOTA. 

Constitution  (1889),  Article  VIII:  SECTION  1.  The  stability  of  a  republican  form 
of  government  depending  on  the  morality  and  intelligence  of  the  people  it  shall 
be  the  duty  of  the  legislature  to  establish,  and  maintain  a  general  and  uniform 
system  of  public  schools,  wherein  tuition  shall  be  without  charge  and  equally  open 
to  all,  and  to  adopt  all  suitable  means  to  secure  to  the  people  the  advantages  and 
opportunities  of  education. 

SEC.  7.  All  lands,  money,  or  other  property  donated,  granted,  or  received  from 
the  United  States  or  any  other  source  for  a  university,  agricultural  college,  normal 
schools,  or  other  educational  or  charitable  institution  or  purpose,  and  the  proceeds 
of  all  such  lands  and  other  property  so  received  from  any  source  shall  be  and 
remain  perpetual  funds,  the  interest  and  income  of  which,  together  with  the  rents 
of  all  such  lands  as  may  remain  unsold,  shall  be  inviolably  appropriated  and 
applied  to  the  specific  objects  of  the  original  grants  or  gifts.  The  principal  of 
every  such  fund  may  be  increased,  but  shall  never  be  diminished,  and  the  interest 
and  'income  only  shall  be  used.  Every  such  fund  shall  be  deemed  a  trust  fund 
held  by  the  State,  and  the  State  shall  make  good  all  losses  therefrom  that  shall  in 
any  manner  occur. 

S  !:c.  11.  The  moneys  of  the  permanent  school  and  other  educational  fiinds  shall 
be  invested  only  in  first  mortgages  upon  good  improved  farm  lands  within  this 
State,  as  hereinafter  provided,  or  in  bonds  of  school  corporations  within  the  State, 
or  in  bonds  of  the  United  States  or  of  the  State  of  South  Dakota.  The  legislature 
shall  provide  by  law  the  method  of  determining  the  amounts  of  said  funds  which 
shall  be  invested  from  time  to  time  in  such  classes  of  securities,  respectively, 
taking  care  to  secure  continuous  investments  as  far  as  possible. 

*****  *  * 

SEC.  13.  All  losses  to  the  permanent  school  or  other  educational  funds  of  this 
State  which  shall  have  been  occasioned  by  the  defalcation,  negligence,  mismanage- 
ment, or  fraud  of  the  agents  or  officers  controlling  and  managing  the  same  shall 
be  audited  by  the  proper  authorities  of  the  State.  The  amount  so  audited  shall 
be  a  permanent  funded  debt  against  the  State  in  favor  of  the  fund  sustaining  the 
loss,  upon  which  not  less  than  6  per  cent  of  annual  interest  shall  be  paid.  *  *  * 

Article  XIV:  SEC.  3  [as  amended  1896] .  The  State  university,  the  agricultural  col- 
lege, the  normal  schools,  and  all  other  educational  institutions  that  may  be  BUS- 


188  EDUCATION    REPORT,  1903. 

tained,  either  wholly  or  in  part,  by  the  State  shall  be  under  the  control  of  a  board 
of  five  members  appointed  by  the  governor  and  confirmed  by  the  senate,  ui>il<  r 
such  rules  and  restrictions  as  the  legislature  shall  provide.  The  legislature  may 
increase  the  number  of  members  to  nine. 

Laws  of  the  Territory  of  Dakota,  1881,  chapter  3:  SECTION  1  [as  amended 
March  9,  1883].  An  agricultural  college  for  the  Territory  of  Dakota  is  hereby 
located  and  established  at  the  city  of  Brookings,  Brookings  County.  The  build- 
ing for  said  college  shall  be  erected  and  constructed  upon  the  land  now  owned  by 
the  Territory  within  the  limits  of  said  city  of  Brookings.  The  purpose  of  said 
college  shall  be  the  instruction  of  persons,  both  male  and  female,  in  such  branches 
as  may  be  prescribed  by  the  board  of  regents  hereinafter  provided  for. 

Ibid.,  1883,  chapter  3:  SECTION  1.  For  the  purpose  of  providing  a  fund  to  erect 
and  construct  an  agricultural  college  the  Territorial  treasurer  is  hereby  authorized 
and  empowered,  and  it  is  made  his  duty,  to  prepare  for  issue  $25,000  of  Territorial 
bonds.  Said  bonds  shall  be  dated  on  the  day  of  the  execution  and  delivery  thereof, 
shall  be  due  in  twenty  years  from  and  after  their  date,  and  shall  be  payable  at 
the  option  of  the  Territory  at  any  time  after  ten  years  from  their  date.  Said 
bonds  shall  bear  interest  at  the  rate  of  5  per  cent  per  annum.  * 

SEC.  4.  For  the  purpose  of  the  prompt  payment  of  the  principal  and  interest  of 
the  bonds  herein  provided  for,  there  shall  be  levied  annually  by  the  Territorial 
board  of  equalization  at  the  time  the  other  taxes  are  levied,  and  collected  in  the 
same  manner  as  other  Territorial  taxes  are  collected,  such  a  tax  as  shall  be  suffi- 
cient to  pay  such  interest  and  the  exchange  thereon;  and  after  nine  years  from 
the  date  of  said  bonds,  if  no  other  provision  shall  have  been  made  for  the  pay- 
ment of  the  principal  of  the  same,  the  said  board  of  equalization,  or  any  other 
officer  or  officers  then  empowered  to  perform  the  duties  now  performed  by  said 
Territorial  board  of  equalization,  shall  levy  such  sinking-fund  tax  annually  as 
shall  be  sufficient  to  retire  and  pay  said  bonds  at  their  maturity.  *  *  * 

SEC.  9.  The  total  cost  of  said  agricultural  college  building,  including  fixtures, 
shall  not  exceed  $20,000. 

SEC.  18.  That  part  of  the  Territory  of  Dakota  in  which  the  agricultural  college 
is  situated  shall,  on  the  division  of  the  Territory,  assume  all  debts  incurred  and 
then  existing  on  account  of  the  erection,  construction,  and  equipment  of  said  agri- 
cultural college  and  agricultural  college  farm.  (February  27,  1883.) 

Ibid.,  1885,  chapter  22:  SEC.  3.  For  the  purpose  of  providing  funds  to  finish  the 
agricultural  college  at  Brookings,  Dak.,  and  build  a  boarding  house,  and  furnish 
the  same,  and  put  in  steam  heating,  the  Territorial  treasurer  is  hereby  authorized 
and  empowered,  and  it  is  made  his  duty,  to  prepare  for  issue  $20,000  of  Territorial 
bonds. 

SEC.  4.  Said  bonds  shall  be  dated  on  the  day  of  the  execution  and  delivery 
thereof,  shall  be  due  in  twenty  years  from  and  after  their  date,  and  shall  be  pay- 
able at  the  option  of  the  Territory  at  any  time  after  ten  years  from  their  date. 
Said  bonds  shall  bear  interest  at  the  rate  of  6  per  cent  per  annum.  *  *  * 

SEC.  7.  [Provides  for  tax  levy  similar  to  that  provided  in  Laws,  1883,  chapter  3, 
sec.  4.] 

Ibid.,  1887,  chapter  4:  SECTION  1.  For  the  purpose  of  providing  funds  to  purchase 
an  experimental  farm,  farm  buildings,  live  stock,  and  to  erect  and  furnish  build- 
ing for  assembly  hall,  workshops,  laboratory,  and  dormitory  for  young  men,  for 
the  Dakota  Agricultural  College  and  Experimental  Station  at  Brookings,  Dak., 
the  Territorial  treasurer  is  hereby  authorized  and  empowered,  and  it  is  made  his 
duty,  to  prepare  for  issue  $54.000  of  Territorial  bonds,  in  denominations  of  $500 
each,  running  for  a  term  of  twenty  years,  bearing  interest  not  to  exceed  5  per 
cent  per  annum.  *  *  * 

SEC.  3.  [Provides  for  a  tax  levy  similar  to  that  provided  in  Laws,  1883,  chapter 
3,  sec.  4.] 

SEC.  9.  The  cost  of  the  building  for  shops,  laboratory,  and  dormitory  for  young 
men,  including  furnishing  with  necessary  furniture  and  steam  heating,  shall  not 
exceed  the  sum  of  $30,000.  The  cost  of  the  farm  lands  for  the  experimental  sta- 
tion shall  not  exceed  the  sum  of  $25  per  acre,  and  they  shall  be  adjacent  to  the 
lands  already  owned  by  the  Territory,  and  comprising  said  agricultural  college 
farm:  And  provided  further.  That  whenever  the  funds  arising  from  the  sale  of  the 
Congressional  grant  of  lands  for  the  Dakota  Agricultural  College  shall  become 
available  the  Territory  shall  be  reimbursed  therefrom  for  all  funds  invested  in 
said  experimental  farm  lands,  together  with  the  interest  thereon,  from  the  date 
of  the  issue  of  said  bonds.  (March  10,  1887.) 

Ibid.,  1887.  chapter  6:  SECTION  7.  The  agricultural  college  established  by  chapter 
3  of  the  session  laws  of  1881  shall  be  known  by  the  name  of  the  Dakota  Agricul- 
tural College.  The  design  of  the  institution  is  to  afford  practical  instruction  in 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  189 

agriculture  and  the  natural  sciences  connected  therewith,  and  also  the  sciences 
which  bear  directly  upon  all  industrial  arts  and  pursuits.  The  course  of  instruc- 
tion shall  embrace" the  English  language  and  literature,  mathematics,  civil  engi- 
neering, agricultural  chemistry,  animal  and  vegetable  anatomy  and  physiology, 
the  veterinary  art,  entomology,  geology,  and  such  other  natural  sciences  as  may 
be  prescribed,  political,  rural,  and  household  economy,  horticulture,  moral  phil- 
osophy, history,  bookkeeping,  and  especially  the  application  of  science  and  the 
mechanic  arts  to  practical  agriculture  in  the  field. 

SEC.  8.  A  full  course  of  study  in  the  institution  shall  embrace  not  less  than  four 
years,  and  the  college  year  shall  consist  of  not  less  than  nine  calendar  months, 
which  may  be  divided  into  terms  by  the  board  of  regents  as  in  their  judgment 
will  best  secure  the  objects  for  which  the  college  was  founded. 

SEC.  9.  The  board  of  regents  shall  fix  the  salaries  of  the  president,  teachers, 
instructors,  and  other  employees,  and  prescribe  their  respective  duties.  The 
board  may  remove  the  president  or  subordinate  officers  and  supply  all  vacancies. 

SEC.  10.  The  faculty  shall  consist  of  the  president,  teachers,  and  instructors, 
and  shall  pass  all  needful  rules  and  regulations  for  the  government  and  discipline 
of  the  college,  regulating  the  routine  of  labor,  study,  meals,  and  the  duties  and 
exercises  and  all  such  rules  and  regulations  as  are  necessary  to  the  preservation 
of  morals,  decorum,  and  health. 

SEC.  11.  The  president  shall  be  chief  executive  officer  of  the  agricultural  college, 
and  it  shall  be  his  duty  to  see  that  all  rules  and  regulations  are  executed,  and  the 
subordinate  officers  and  employees,  not  members  of  the  faculty,  shall  be  under  his 
direction  and  supervision. 

SEC.  12.  The  president  of  the  college  and  the  president  of  the  board  of  regents 
shall  constitute  a  committee  to  fix  the  rate  of  wages  to  be  allowed  to  students  for 
labor  on  the  farm  or  in  the  shops  or  kitchen  of  the  agricultural  college. 

SEC.  13.  The  faculty  shall  make  an  annual  report  to  the  board  of  regents  on  or 
before  the  first  Monday  in  December  of  each  year,  showing  the  condition  of  the 
school  and  farm  and  the  results  of  farm  experiments,  and  containing  such  recom- 
mendations us  the  welfare  of  the  institution  in  their  opinion  demands. 

SEC.  17.  There  is  hereby  established  an  agricultural  experiment  station  in  con- 
nection with  the  Agricultural  College  of  Dakota,  and  under  the  direction  of  the 
board  of  regents  of  said  college,  for  the  purpose  of  conducting  experiments  in 
agriculture,  according,  to  the  terms  of  section  1  of  an  act  of  Congress  approved 
March  3  [2],  1887.  *  *  * 

SEC.  18.  The  assent  of  the  legislature  of  Dakota  is  hereby  given  in  pursuance  of 
the  requirements  of  section  9  of  said  act  of  Congress  approved  March  3  [2] ,  1887, 
to  the  grant  of  money  therein  made  and  to  the  establishing  of  an  experiment  sta- 
tion in  accordance  with  section  1  of  said  last-mentioned  act,  and  assent  is  hereby 
given  to  carry  out  all  and  singular  the  provisions  of  said  act.  (March  11,  1887.) 

Laws  of  South  Dakota,  1891,  chapter  38:  SECTION  1.  The  name  of  the  agricul- 
tural college  at  Brookings,  S.  Dak.,  is  hereby  changed  from  the  Agricultural  Col- 
lege of  Dakota  to  the  Agricultural  College  of  South  Dakota.  (March  5,  1891.) 

Ibid.,  1891,  chapter  3:  SECTION  1.  The  Congressional  grants  of  money  for  the 
further  endowment  and  maintenance  of  agricultural  colleges,  known  as  the 
Morrill  Act,  and  approved  August  30,  1890,  be  accepted  for  the  Agricultural 
College  of  South  Dakota  under  the  conditions  and  limitations  of  that  act,  and  the 
1  r t  •!  t  surer  of  the  board  having  control  of  the  agricultural  college  is  designated  as  the 
proper  person  to  whom  such  funds  are  to  be  paid  by  the  United  States  authorities, 
said  treasurer  giving  good  and  sufficient  bonds  for  the  safe  custody  of  said  funds. 
(March  7,  1891.) 

Ibid.,  1S97,  chapter  58:  SECTION  1.  As  soon  as  practicable  after  the  passage  of 
this  act  and  before  March  1,  1897,  the  governor,  by  and  with  the  consent  of  the 
senate,  shall  appoint  five  persons  of  probity  and  wisdom  from  among  the  best  and 
the  best-known  citizens,  residents  of  different  portions  of  the  State,  none  of  whom 
shall  reside  in  the  counties  in  which  any  of  the  State  educational  institutions  are 
located,  who  shall  constitute  a  board  to  be  designated  the  regents  of  education: 
Prorided,  That  in  all  appointments  to  the  regency  of  education  the  persons 
selected  shall  be  of  the  different  political  parties  existing  at  the  time  such  appoint- 
ments are  made. 

SEC.  2.  One  of  the  persons  so  appointed  shall  hold  office  until  January  1, 1899, 
and  two  until  January  1, 1901,  and  two  until  January  1, 1903,  as  the  governor  shall 
indicate  in  his  nomination,  and  all  full  appointments  at  and  after  the  expiration 
of  any  of  these  terms  shall  be  for  six  years,  it  being  the  intention  of  this  act  that 
all  expirations  of  these  terms  shall  occur  on  the  1st  day  of  January  of  each  odd  or 
legislative  year,  or  as  soon  thereafter  as  their  successors  are  chosen  and  qualified: 


190  EDUCATION   REPORT,  1903. 

Provided,  That  all  full  appointments  thereafter  must  be  made  before  the  1st  day 
of  February  of  the  regular  biennial  legislative  year. 

SEC.  3.  In  case  a  regent  of  education  shall  die,  resign,  remove  from  the  State,  or 
for  any  other  reason  vacate  his  office,  or  become  permanently  disqualified  from 
performing  its  duties,  the  governor  of  the  State  shall  fill  the  vacancy  by  suitable 
and  prompt  appointment,  and  such  appointee  shall  be  clothed  with  full  authority 
as  a  regent,  but  his  term  of  service  shall  cease  and  expire  with  the  next  legisla- 
tive session  unless  sooner  confirmed  by  the  senate.  But  the  governor  shall  not 
have  power  to  fill  any  vacancies  caused  by  the  refusal  of  the  senate  to  confirm, 
nor  vacancies  caused  by  his  own  neglect  to  nominate  to  the  senate  in  time  for  con- 
firmation. 

SEC.  4.  Immediately  upon  the  appointment  and  confirmation  of  the  first  five  per- 
sons above  named  in  section  1  of  this  act  the  governor  shall  summon  them  to 
assemble  forthwith  at  the  capital  of  the  State,  whereupon  each  shall  take  an  oath 
before  a  proper  officer  to  support  the  Constitution  of  the  United  States  and  of  this 
State,  and  to  perform  his  duties  as  a  regent  of  education  to  the  best  of  his  ability. 

As  soon  as  they  are  thus  properly  qualified  they  shall  organize  by  electing  one 
of  their  number  president  and  by  the  election  of  a  secretary.  Thus  qualified  and 
organized  they  shall  have  authority  to  make  such  rules  as  are  necessary  for  their 
own  government  as  a  board,  and  they  shall  immediately  assume  the  exclusive  con- 
trol and  management  of  all  the  educational  institutions  which  are  maintained 
either  wholly  or  in  part  by  the  State,  and  at  once,  thereupon  the  terms  of  office 
and  all  authority  of  all  boards  or  persons,  of  whatsoever  name,  heretofore  charged 
with  this  duty,  shall  cease  and  expire. 

All  persons  subsequently  appointed  as  regents  shall  each  subscribe  to  a  like  oath 
of  office  before  taking  their  seats,  and  all  oaths  of  office  of  the  regents  of  educa- 
tion shall  be  duly  filed  with  the  secretary  of  state. 

SEC.  5.  To  facilitate  their  work  the  regents  of  education  shall  have  power  to 
appoint,  of  their  own  members,  such  committees  as  seem  desirable,  but  they  shall 
appoint  a  standing  committee  of  regents  for  each  institution  under  their  control, 
whose  chairman  may  be  charged  by  them  and  under  their  rules  with  certain 
executive  duties  in  connection  with  the  institution  for  which  he  was  appointed 
and  which  may  need  attention  during  the  interim  of  board  meetings.  They  are 
also  empowered  to  employ  a  competent  stenographer  and  bookkeeper. 

SEC.  6.  The  regents  of  education  shall  hold  two  regular  meetings  each  year — 
one  to  be  known  as  the  annual  meeting  and  one  as  the  semiannual  meeting — at 
such  stated  times  as  shall  best  subserve  the  interests  of  the  institutions  under 
their  control.  Extra  meetings  may  also  be  held  in  case  of  weighty  emergency  on 
the  call  of  the  president  or  by  joint  request  of  a  majority  of  the  members,  due  and 
reasonable  notice  always  being  given.  Three  regents  shall  constitute  a  quorum 
for  doing  business,  but  two  may  adjourn  from  day  to  day. 

SEC.  7.  The  failure  of  any  regent  to  attend  two  successive  regular  meetings,  as 
herein  provided,  may  be  construed  by  the  governor  as  a  resignation,  and  he  may 
proceed  to  fill  the  vacancy  unless  such  absences  were  on  account  of  temporary 
disabling  sickness  or  other  equally  valid  reason  accepted  by  the  regents  at  their 
next  meeting. 

SEC.  8.  The  regents  of  education,  qualified  and  organized  as  prescribed  in  sec- 
tion 4  of  this  act,  shall  become,  and  they  and  their  successors  in  office  shall  con- 
tinue to  be,  a  legal  corporation  or  body  corporate  with  power  to  sue  and  be  sued, 
to  hold  and  manage  fully,  for  the  purposes  for  which  these  educational  institutions 
were  established,  any  property  belonging  to  said  institutions,  collectively  or  sev- 
erally, or  of  which  they  shall  in  any  manner  become  possessed;  and  all  previous 
boards  and  persons  having  had  custody  of  said  property  or  control  of  said  institu- 
tions shall  at  once  turnover  the  same,  together  with  all  papers,  records,  contracts, 
or  other  archives  belonging  to  said  institutions,  to  the  said  regents  of  education. 

SEC.  9.  The  regents  of  education  as  a  corporation  shall  have  power  to  make 
contracts  for  service,  for  the  erection  of  buildings,  and  for  the  purchase  of  all 
lands,  materials,  and  supplies  needed,  and  in  the  carrying  out  of  such  contracts 
they  shall  have  power  to  expend  moneys,  to  exact  and  collect  penalties,  and  to 
purchase  or  sell  property  within  the  limitations  of  State  and  national  law:  Pro- 
vided, That  all  contracts  for  the  erection  or  repairs  of  buildings  or  for  the  purchase 
of  fuel  or  other  ordinary  supplies  exceeding  in  value  $200  shall  be  by  means  of 
publicly  advertised  competing  bids  and  by  public  letting:  And  provided  further, 
That  no  regent  shall  be  directly  or  indirectly  pecuniarily  interested  in  any  such 
contract. 

And  said  regents  of  education,  as  a  board,  may  bring  suit  in  the  proper  court 
having  jurisdiction,  in  the  name  of  the  regents  of  education,  to  enforce  any  con- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  191 

tratet  made  by  them  as  such  board,  and  may  also  bring  suit  in  all  matters  relating 
to  such  property,  or  to  the  care,  custody,  control,  management,  or  improvement 
thereof.  And  it  is  hereby  made  the  duty  of  the  attorney-general  to  prosecute  any 
such  suit  upon  the  request  of  said  board.  Any  moneys  collected  upon  any  judg- 
ment obtained  under  the  provisions  of  this  act  shall  be  paid  into  the  State  treas- 
ury for  the  benefit  of  the  educational  institutions  and  credited  to  the  proper  fund 
or 'funds. 

Any  regent  is  authorized  to  administer  oaths  and  examine  witnesses  whenever 
necessary  in  the  performance  of  the  duties  of  the  board. 

This  act  is  intended  to  confer,  and  does  confer,  upon  the  regents  of  education 
all  powers  usually  exercised  by  such  boards  and  which  are  necessary  to  the  proper 
legal  management  of  the  educational  institutions  placed  under  their  control  and 
the  property  belonging  to  the  same. 

SEC.  10.  The  regents  of  education,  in  their  capacity  as  a  board  and  for  the  pur- 
pose of  exercising  proper  control  over  those  institutions  of  learning  which  are 
placed  in  their  care,  shall  have  full  power  to  employ  or  dismiss  all  members  of 
the  faculties  of  instruction  of  said  institutions,  all  assistants,  foremen,  secretaries, 
laborers,  or  other  agents  necessary  to  the  proper  management  of  the  institutions; 
to  determine  their  number,  their  qualifications,  define  their  duties,  fix  the  period 
or  term  of  their  employment,  and  the  rate  and  manner  of  their  compensation: 
Provided,  That  no  person  shall  be  employed  or  dismissed  by  reason  of  any  sectarian 
or  political  opinions  held. 

SEC.  11.  The  regents  of  education  shall  have  full  power  to  authorize  for  the 
institutions  under  their  control  such  departments  and  courses  of  study  as  they 
may  think  best,  to  determine  what  text-books  shall  be  used,  what  requirements 
for  the  admission  and  graduation  of  students  shall  be  maintained,  what  rules 
shall  be  enacted  and  enforced  for  the  government  of  students;  and  said  regents 
shall  have  power  to  make  all  other  rules  and  regulations  for  the  wise  and  success- 
ful current  management  of  the  schools  under  their  control.  And,  further,  they 
are  hereby  empowered  to  delegate  provisionally  any  of  the  authority  given  in  this 
section  to  the  presidents,  deans,  principals,  or  faculties  of  instruction  of  said 
schools  as  in  the  judgment  of  said  regents  may  be  proper  or  as  may  be  in  accord- 
ance with  the  usual  custom  in  such  cases. 

SEC.  12.  The  regents  of  education  shall  fix  all  rates  of  tuition  and  of  other  fees  to 
be  paid  by  students,  but  such  rates  must  be  the  same  in  all  the  different  institu- 
tions. They  may  receive  free  of  tuition  two  students  appointed  by  each  State 
senator  and  one  by  each  representative  of  the  State  legislature  in  any  one  of  the 
institutions  under  their  control:  Provided,  That  the  period  for  which  such 
appointment  was  made  shall  expire  with  the  term  of  office  of  the  said  senator  or 
representative:  And  provided,  That  such  appointees  shall  be  residents  of  the  dis- 
trict or  county  whose  senator  or  representative  makes  the  appointment:  And  pro- 
vided further,  That  such  appointees  shall  comply  with  all  the  rules  and  require- 
ments of  the  institution  which  they  desire  to  enter.  No  student,  however,  sjiall 
receive  any  other  gratuity  whatever. 

SEC.  13.  The  regents  of  education  are  hereby  expressly  forbidden  to  continue  or 
to  create  chairs,  departments,  laboratories,  libraries,  or  other  equipment  in  mul- 
tiplication, except  where  the  obvious  needs  of  the  special  work  of  the  schools 
make  such  multiplication  necessary.  In  all  things  the  regents  are  to  administer 
the  schools  in  such  a  manner  as  to  enable  each  one  of  them  to  do  in  the  best  man- 
ner its  own  specific  work,  but  all  with  a  view  to  the  strictest  economy  and  so  as 
to  unify  and  harmonize  the  entire  work  of  all  the  schools  under  their  control. 

SEC.  14.  The  regents  of  education  are  authorized  to  confer  all  scholastic  honors 
and  degrees  usually  granted  by  such  boards;  but  all  degrees,  diplomas,  and  cer- 
tificates of  graduation  shall  be  issued  and  conferred  in  their  name  and  by  their 
express  authority.  In  conferring  degrees  the  regents  shall  conform  as  nearly  as 
may  be  to  the  best  and  most  reputable  current  practice  in  such  matters.  Students 
shall  be  graduated  from  any  one  of  these  institutions  by  the  regents  of  education 
upon  recommendation  of  the  appropriate  faculty  of  ihat  institution.  A  certifi- 
cate of  graduation  from  a  full  course  in  any  one  of  the  normal  schools  or  from 
the  State  University,  provided  the  graduate  of  the  university  has  taken  a  course 
in  pedagogy  as  given  in  that  institution,  shall  te  a  license  valid  for  five  years  to 
teach  in  any  of  the  public  schools  of  this  State. 

SEC.  15.  The  United  States  agricultural  experiment  station  for  South  Dakota, 
being  by  national  law  a  department  of  and  under  the  direction  of  the  agricultual 
college,  shall  be  under  the  exclusive  control  of  the  regents  of  education,  just  as 
other  departments  and  institutions  are  under  their  control. 

SEC.  16.  The  regents  of  education  are  authorized  to  encourage  and  provide  for 


192  EDUCATION    REPORT,   1903. 

farmers'  institutes  to  be  conducted  by  members  of  the  agricultural  college  faculty, 
or  by  anyone  else  designated  by  said  regents,  and  the  said  regents  are  likewise 
authorized  to  encourage  and  as  far  as  possible  provide  for  any  other  form  of  uni- 
versity extension  work  which  is  feasible  and  of  value  to  the  people. 

SEC.  17.  All  officers  of  the  board  shall  be  elected  for  one  year,  and  the  election, 
except  in  case  of  vacancies,  shall  be  held  at  the  annual  meeting. 

SEC.  18.  The  regents  of  education  shall  receive  no  compensation  for  their  services, 
but  each  shall  be  paid  $5  per  day  for  every  day's  service  to  cover  his  actual 
expenses,  and  this  per  diem  shall  be  paid  upon  their  itemized  and  properly  certi- 
fied vouchers  from  the  State  treasury  upon  the  warrant  of  the  auditor  of  state: 
Provided,  That  any  regent  serving  from  the  Black  Hills  region  shall  receive  $25 
extra  for  attendance  upon  any  meeting  east  of  the  Missouri  River,  but  not  exceed- 
ing $50  for  any  one  fiscal  year:  And  provided,  That  the  entire  sum  paid  for  any 
one  year  to  said  regents  of  education  shall  not  exceed  $1,000. 

SEC.  19.  In  the  general  appropriation  for  State  purposes  the  sum  of  $2,600,  or  so 
much  thereof  as  may  be  needed,  shall  be  provided  each  year  for  the  per  diem  of 
the  regents  of  education,  for  the  salary  of  their  secretary  and  stenographer,  and 
for  such  blanks,  books,  stationery,  and  postage  as  may  be  needed. 

Ssc.  20.  The  State  treasurer  shall  ba  the  treasurer  of  the  regents  of  education, 
and  he  shall  perform  all  the  duties  of  such  office,  subject  to  such  regulations  as 
they  may  adopt  not  inconsistent  with  his  other  official  du'ies,  and  he  and  his 
sureties  shall  bo  liable  on  his  official  bond  for  the  faithful  discharge  of  such  duties. 
Sai;l  treasurer  shall  have  authority  to  receive  and  receipt  for  all  moneys  arising 
from  any  source  for  the  use  of  any  of  the  educational  institutions  under  the  con- 
trol of  the  said  regents,  and  he  shall  keep  such  separate  accounts  of  the  several 
funds  as  they  shall  prescribe.  All  moneys  received  from  rents  of  dormitories, 
tuition,  or  other  fees  authorized  by  the  regents  of  education,  or  from  articles, 
products,  or  materials  sold  by  their  authority,  shall  be  collected  by  some  person 
designated  by  said  regents  for  each  institution  to  make  such  collections,  under 
proper  bonds,  and  said  person  shall  transmit  to  the  State  treasurer  at  the  close  of 
each  calendar  month  all  moneys  thus  received  by  him  during  that  month;  and 
no  other  person  shall  be  permitted  to  collect  or  hold  any  money  belonging  to  said 
institutions.  Moneys  received  from  the  National  Government  under  any  of  the 
various  grants  shall  be  payable  to  ths  State  treasurer  as  treasurer  of  the  regents 
of  education,  and  shall  be  receipted  for  by  him.  All  moneys  received  as  interest 
on  the  National  land-grant  funds  or  from  leases  of  the  land  granted  to  these  insti- 
tutions under  the  control  of  the  regents  of  education  shall  be  paid  to  the  State 
treasurer,  and  shall  be  credited  by  him  to  the  proper  educational  institutions.  At 
once  on  receiving  moneys  from  any  source  the  State  treasurer  shall  notify  the  sec- 
retary of  the  regents  of  education  of  the  amount,  the  source  from  which  received, 
and  the  fund  to  which  credited. 

SEC.  21.  There  is  annually  and  perpetually  appropriated  to  the  regents  of  edu- 
cation for  the  exclusive  and  legal  use  of  the  educational  institutions  under  their 
control  all  moneys  received  from  their  endowment  land  grant  as  interest  or  rent, 
all  local  collections  from  fees  of  any  kind  or  from  rents  or  sales  authorized,  all 
United  States  money  grants  of  any  kind,  all  moneys  derived  from  any  source  to 
be  used  by  the  regents  of  education  for  the  proper  and  legal  maintenance  of  the 
institutions  under  their  control. 

SEC.  22.  No  expenditures  shall  be  made  except  by  express  authority  of  the 
regents  of  education  first  obtained,  and  no  indebtedness  shall  ever  be  permitted 
or  incurred  except  against  funds  already  available  for  such  purpose,  and  no 
expenditure  from  any  fund  shall,  under  any  circumstances,  be  made  except  for 
the  legal  purpose  for  which  said  fund  exists  and  for  the  institution  to  which  it 
belongs.  The  method  in  detail  of  making  expenditures,  purchases,  etc.,  except 
so  far  as  they  are  specified  by  section  10  of  this  act,  shall  be  left  to  the  discretion 
of  the  regents  of  education. 

SEC.  23.  Whenever  a  properly  audited  and  authenticated  voucher  of  the  regents 
of  education  is  presented  to  the  auditor  of  State,  it  shall  be  his  duty  to  transmit 
promptly  to  the  office  of  secretary  of  the  regents  of  education  his  warrant  for  a 
corresponding  sum  on  the  State  treasurer,  unless  said  voucher  shall  overdraw  the 
fund  from  which  it  is  made  payable. 

SEC.  24.  The  regents  of  education  shall,  on  or  before  the  15th  day  of  December 
previous  to  each  biennial  session  of  the  legislature,  prepare  and  present  to  the 
governor  of  the  State,  for  his  use  and  for  the  use  of  the  legislature,  a  full  detailed 
report  of  all  their  doings  for  the  preceding  two  years,  with  a  statement  of  the 
work  and  the  condition  financially  and  educationally  of  all  the  institutions  under 
their  control,  with  such  recommendations  as  they  may  desire  to  make,  and  with 
detailed  estimates  for  legislative  aid,  if  in  their  judgment  any  is  needed.  They 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  193 

shall  also,  by  themselves  or  their  authorized  representative,  attend  upon  the  ses- 
sion of  the  legislature  whenever  required  so  to  do  by  a  committee  of  either  house. 
They  shall  also  prepare,  or  cause  to  be  prepared  and  transmitted  at  proper  times, 
all  reports  required  of  them  by  the  United  States  laws.  (March  5,  1897.) 


TENNESSEE. 

[The  following  matter  is  taken  from  the  Annotated  Code  of  Tennessee,  by  R.  T.  Shannon, 
Nashville,  Tenn.,  1896.] 

SEC.  352.  The  act  of  Congress  of  the  United  States,  *  *  *  approved  July  2, 
1862,  and  subsequent  acts,  *  *  *  and  especially  all  the  conditions  set  forth  in 
the  fifth  section  thereof,  and  numbered  first,  second,  third,  fourth,  fifth,  and  sixth, 
are  accepted  by  the  State  of  Tennessee  upon  the  conditions  prescribed.  (Laws  of 
1865  and  1867-68.) 

[The  act  of  February  1, 1868,  provides  for  the  sale  of  the  land  scrip  received  by  the  State  and 
for  the  investment  of  the  proceeds  in  6  per  cent  interest- bearing  bonds  of  the  State.] 

*  SEC.  353.  The  proceeds  of  the  sale  of  the  agricultural  scrip  appropriated  by  Con- 
gress for  the  establishment  of  an  institution  of  learning  devoted  to  agricultural  and 
the  mechanic-  arts  are  appropriated  to  the  University  of  Tennessee,  upon  the  restric- 
tions and  conditions  mentioned  in  this  article.     (Laws  of  1868-69  and  1879.) 

•  SEC\  354.  The  State  of  Tennessee  assents  to  the  conditions  of  an  act  of  the 
United  States  Congress  approved  March  3  [2],  1887,    *    *    *    and  authorizes 
the  treasurer  of  the  University  of  Tennessee  to  accept  any  grants  of  money  author- 
ized by  that  act  in  the  State  o*f  Tennessee,  and  to  give  his  official  receipt  for  the 
same.     (Laws  of  1887. ) 

'  SEC.  355.  Said  grants  of  money  to  Tennessee  shall,  as  a  part  of  the  agricultural 
fund,  be  committed  to  the  trust  res  of  the  University  of  Tennessee,  now  in  charge 
of  the  State  experiment  station,  there  to  be  applied  as  the  said  act  of  Congress 
directs,  and  all  results  and  expenditures  shall  be  reported  in  accordance  with  the 
provisions  of  the  act  making  the  grants  which  are  hereby  accepted.  (Laws  of 

SEC.  356.  The  State  of  Tennessee  assents  to  the  purpose  of  the  act  of  the  United 
States  Congress  approved  August  30, 1890,  and  empowers  the  treasurer 

of  the  University  of  Tennessee  to  accept  the  whole  of  said  grants  of  money  author- 
ized by  the  said  act  to  be  paid  in  the  State  of  Tennessee,  and  to  give  his  official 
receipt  for  the  same.  (Laws  of  1^ 

SEC.  357.  Said  grants  of  money  to  Tennessee  shall,  as  a  part  of  the  endowment 
and  support  of  the  college  for  the  benefit  of  agriculture  and  the  mechanic  arts, 
established  by  contract  of  this  State  with  the  trustees  of  the  University  of  Ten- 
nessee, be  committed  to  the  trustees  of  the  said  university,  in  accordance  with 
the  requirements  of  the  act  of  Congress  making  the  grants,  to  be  applied  by 
them  as  the  said  act  of  Congress  directs;  and  all  results  and  expenditures  shall  be 
reported  in  accordance  with  the  provisions  of  the  act  making  the  grants,  all  of 
which  are  hereby  assented  to  and  accepted  for  this  State.  (Laws  of  1891.) 

S;;c.  358.  It  shall  be  the  duty  of  the  trustees  of  said  university  to  establish  an 
agricultural  college  so  as  to  strictly  conform  to  the  Congressional  enactment 
making  the  appropriation;  and  the  fund  hereby  appropriated  shall  be  used  only 
according  to  the  terms  of  the  Congressional  enactment  making  the  appropriation 
to  the  State.  ( Laws  of  1868-69. ) 

.  359.  As  soon  as  the  trustees  of  said  university  shall  have  completed  build- 
ings for  the  accommodation  of  275  students,  and  shall  have  furnished  the  same 
with  appropriate  school  furniture,  and  shall  have  provided  suitable  lands  not  less  in 
extent  than  200  acres,  so  that  the  whole  property  shall  be  worth,  at  a  fair  estimate 
of  values,  not  less  than  $125,000,  it  shall  be  lawful  for  the  governor  of  the  State  to 
issue  to  the  trustees  of  said  university  the  bonds  of  the  State  in  which  the  pro- 
ceeds of  the  sale  of  the  agricultural  scrip  have  been  invested.  (Laws  of  1868-69.) 

SEC.  360.  The  secretary  of  state  shall  register  the  number  and  denominations  of 
the  bonds  issued  to  the  trustees  of  said  university,  and  shall  also  cause  the  char- 
acter of  the  issue  to  be  indelibly  printed  upon  the  bonds,  and  shall  retain  a  file  of 
said  numbers  and  denominations  in  his  office.  (Laws  of  1868-69.) 

SEC.  361.  Two  hundred  and  seventy-five  students  from  the  State  of  Tennessee 
shall  at  all  times  be  entitled  to  receive  free  tuition  in  said  university,  the  said 
students  to  be  appointed  by  the  several  senators  and  representatives  in  the  general 
assembly  of  the  State,  each  senator  being  entitled  to  appoint  two  and  each  repre- 

ED  1903 13 


194  EDUCATION    EEPOKT,   1903. 

sentative  three  students,  according  to  the  population  of  the  counties  represented 
by  them.  (Laws  of  1873  and  1879.) 

SEC.  362.  In  order  to  secure  more  regularity  in  the  appointment  of  State  cadets 
in  the  University  of  Tennessee  by  senators  and  representatives,  as  provided  by 
law,  and  to  secure  greater  usefulness  of  their  appointments  to  the  State  at  large, 
it  shall  be  the  duty  of  the  State  superintendent,  in  the  month  of  May  in  each  year, 
to  issue  notice  to  the  county  and  city  superintendents  of  schools  throughout  the 
State,  requiring  them  to  hold  public  examinations  of  candidates  for  appointment 
in  their  respective  counties  or  cities,  and  giving  full  and  uniform  directions  with 
reference  to  the  subject  and  method  of  such  examinations.  (Laws  of  1879.) 

SEC.  363.  It  shall  be  the  duty  of  the  county  and  city  superintendents,  on  the 
receipt  of  such  directions ,  to  give  due  public  notice  thereof  for  not  less  than  ten  days , 
and  in  the  month  of  June  each  shall  proceed  to  hold  such  examination  or  exami- 
nations as  may  be  necessary  in  his  county  or  city,  engaging,  if  necessary,  the  assist- 
ance of  suitable  persons,  but  without  cost  to  the  State;  and  on  the  conclusion  of 
such  examination,  or  within  ten  days  thereafter,  he  shall  transmit  a  list  of  the 
qualified  candidates  in  their  order  of  merit,  as  determined  by  the  examinations, 
to  the  State  superintendent  of  public  instruction,  who  shall  kesp  a  roll  of  the 
names  by  counties  and  cities  in  his  office.  (Laws  of  1879.) 

SEC.  364.  It  shall  be  the  duty  of  the  State  superintendent  on  the  receipt  of  such 
list  from  any  county  or  city  superintendent  to  communicate  the  same  to  the  sen- 
ators or  representatives  thereof,  with  the  number  of  vacancies  in  such  appoint- 
ments actually  existing  for  the  said  county  or  city,  which  shall  be  ascertained 
from  the  roll  of  the  university,  and  the  said  senators  and  representatives  may  then 
proceed  to  make  their  appointments  from  the  said  lists,  notifying  the  same  to  the 
State  superintendent,  who  shall  keep  a  roll  thereof  in  his  office  and  communicate 
the  same  to  the  president  of  the  university.  (Laws  of  1879.) 

SEC.  365.  If  in  any  county  or  city  the  list  of  qualified  candidates  should  not  be 
sufficient  for  the  appointment  as  now  authorized  bylaw,  any  senator  or  represent- 
ative may  make  his  appointment  from  any  other  county  or  city  in  which  there 
may  be  a  surplus  of  qualified  candidates  after  the  senator  and  representative  or 
senators  and  representatives  thereof  shall  have  completed  their  appointments. 
(Laws  of  1879.) 

SEC.  366.  If  by  the  10th  day  of  August  there  shall  still  remain  vacancies  unfilled 
by  senators  or  representatives,  the  president  of  the  university  shall  be  authorized 
to  fill  the  same  from  the  list  of  qualified  candidates  up  to  the  number  authorized 
by  law:  Provided,  That  such  appointments  by  the  president  shall  be  for  one  year 
only,  and  in  making  the  same  preference  shall  be  given  to  counties  and  cities 
whose  quota  has  not  been  filled  and  to  those  persons  therein  who  stood  highest  in 
the  order  of  merit.  (Laws  of  1879. ) 

SEC.  367.  In  the  event  of  a  vacancy  occurring  in  any  of  the  aforesaid  appoint- 
ments in  any  county  or  city  in  which  the  list  of  qualified  candidates  has  been 
exhausted  it  shall  be  the  duty  of  the  county  or  city  superintendent,  on  the  written 
request  of  any  senator  or  representative  of  such  county  or  city,  to  hold  such  exam- 
ination as  is  herein  provided  for  such  applicant  or  applicants  as  may  be  recom- 
mended by  the  said  senator  or  representative  and  to  proceed  therewith  in  the  form 
and  manner  herein  provided;  but  nothing  herein  shall  be  construed  to  limit  or 
abridge  the  right  of  appointment  by  senators  or  representatives  as  authorized  by 
law.  (Laws  of  1879.) 

SEC.  368.  The  profits  arising  from  crops  on  the  agricultural  farm  shall  be  annu- 
ally applied  by  the  board  of  trustees  toward  paying  the  necessary  expenses  of  stu- 
dents who  are  in  indigent  circumstances;  and  the  trustees  are  required  to  carry 
on  a  farm  under  such  regulations  as  they  may  prescribe,  and  to  require  all  stu- 
dents who  are  physically  able  to  labor  on  said  farm,  but  not  exceeding  two  hours 
each  day,  except  in  the  way  of  punishment,  should  the  trustees  or  faculty  adopt 
such  system  of  correction  of  the  pupils.  (Laws  of  1868-69.) 

SEC.  369.  The  governor  of  the  State,  the  secretary  of  state,  and  the  State  super- 
intendent of  public  instruction  shall  be  ex  officio  members  of  the  board  of  trustees 
of  said  university.  (Laws  of  1868-69.) 

SEC.  370.  The  board  of  trustees  of  said  university  shall  deposit  with  the  secre- 
tary of  stats  their  bond,  made  payable  to  the  State  of  Tennessee,  with  security, 
approved  by  the  governor  of  the  State  and  the  comptroller  of  the  State,  in  double 
the  amount  of  the  issue  of  said  bonds  to  the  trustees  of  said  university,  said  bond 
to  contain  all  the  details  of  the  Congressional  enactment  making  the  appropriation, 
and  the  legislative  enactments  accepting  the  same,  and  to  bind  said  trustees  to 
carry  them  into  effect,  all  and  singly.  (Laws  of  1868-69.) 

SEC.  371.  The  board  of  trustees  of  the  university,  receiving  its  foundation  and 
endowments  by  the  munificence  of  the  United  States  Government  and  that  of  the 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  195 

State  of  Tennessee,  shall  always  foster,  encourage,  and  inculcate  loyalty  to  both 
the  State  and  National  governments,  as  well  in  the  general  administration  of  the 
institution  as  in  the  discipline  of  the  pupils;  and  the  university  shall  not  be  con- 
trolled in  the  interest  of  any  particular  sect  or  religious  denomination  whatever. 
(Laws  of  1868-69.) 

SEC.  37.2.  The  trustees  of  this  institution  shall  make  and  submit  a  report  to  the 
governor  ten  days  before  the  general  assembly  convenes,  giving  the  number  of 
students,  together  with  a  detailed  statement  of  the  workings  of  the  institution 
and  of  receipts  and  expenditures,  and  it  shall  be  transmitted  by  him,  along  with 
his  regular  message,  thereto;  and  they  shall  at  the  same  time  make  secure  the 
bond  required  by  section  370  hereof.  (Laws  of  1868-69  and  1873.) 

SEC.  372a.  No  citizen  of  this  State,  otherwise  qualified,  shall  be  excluded  from 
the  privileges  of  the  university  by  reason  of  his  race  or  color,  but  the  accommo- 
dation and  instruction  of  persons  of  color  shall  be  separate  from  the  white. 
(Laws  of  1868-69.) 

SEC.  373.  The  legislature  reserves  the  right  to  control  and  manage  said  fund  by 
whatever  legislation  may  be  deemed  necessary  for  its  protection  and  safety:  Pro- 
vided, No  such  legislation  shall  extend  to  the  removal  of  said  fund  from  the  Uni- 
versity of  Tennessee  so  long  as  it  shall  comply  with  and  observe  the  requirements 
of  the  act  of  Congress  donating  said  fund.  (Laws  of  1868-69  and  1879.) 


TEXAS. 

[The  following  matter  is  taken  from  "  Revised  civil  statutes  of  the  State  of  Texas,  adopted  at 
the  regular  session  of  the  twenty-fourth  legislature,  1895."  Austin,  Tex.,  1895.] 

ART.  3860.  The  Agricultural  and  Mechanical  College  of  Texas,  established  by 
an  act  of  the  legislature  passed  April  17.  1871,  located  in  the  county  of  Brazos,  and 
by  the  constitution  made  and  constituted  a  branch  of  the  University  of  Texas,  for 
instruction  in  agriculture,  the  mechanical  arts,  and  the  natural  science  connected 
therewith,  shall  be  managed  and  controlled  as  herein  provided. 

ART.  3861.  The  leading  object  of  this  college  shall  be,  without  excluding  other 
scientific  and  classical  studies,  and  including  military  tactics,  to  teach  such 
branches  of  learning  as  are  related  to  agriculture  and  the  mechanical  arts,  in  such 
manner  as  the  legislature  may  prescribe,  in  order  to  promote  the  liberal  and  prac- 
tical education  of  the  industrial  classes  in  the  several  pursuits  and  professions  in 
life. 

ART.  3862  [as  amended  by  act  of  March  9,  1899].  The  government  of  the  Agri- 
cultural and  Mechanical  College  of  Texas  shall  be  vested  in  a  board  of  eight  direct- 
ors (one  of  whom  shall  be  the  commissioner  of  agriculture,  insurance,  statistics, 
and  history,  as  provided  in  article  2921,  revised  civil  statutes,  and  whose  tenure  of 
office  shall  be  governed  by  the  act  under  which  he  is  appointed) ,  who  shall  reside 
in  different  portions  of  the  State,  who  shall  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  senate.  The  members  of  the  present  board 
shall  continue  to  exercise  their  duties  until  the  expiration  of  their  respective  terms. 

ART.  3863  [as  amended  by  act  of  March  9, 1899] .  The  board  of  directors  shall 
be  divided  into  classes,  numbered  one,  two,  three,  and  four,  as  determined  by 
the  governor;  shall  hold  their  office  two,  four,  six,  and  eight  years,  respectively, 
from  the  date  of  their  appointment  and  until  their  successors  are  appointed  and 
qualified.  Two  members  shall  be  appointed  at  each  session  of  the  legislature  to 
supply  the  vacancies  made  by  the  provisions  of  this  article  and  in  the  manner 
provided  for  in  the  preceding  article,  who  shall  hold  their  office  for  eight  years, 
respectively. 

ART.  3864.  Should  a  vacancy  occur  in  the  said  board  by  the  death,  resignation, 
or  otherwise  of  any  one  of  the  directors  so  appointed,  the  governor  shall  fill  the 
same  by  appointment,  which  shall  continue  until  the  term  for  which  he  was 
appointed  shall  expire. 

ART.  3865.  The  governor  shall  be  authorized  to  call  said  board  together  after 
their  appointment,  and  said  board  shall  at  their  first  meeting  elect  from  their 
number  a  president  of  the  board,  who  shall  thereafter  be  authorized  to  call  said 
board  together  for  the  transaction  of  business  whenever  he  deems  it  expedient, 
and  a  majority  of  said  board  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness. 

ART.  3866  [as  amended  by  act  of  March  9,  1899] .  Said  directors  shall  serve 
without  compensation,  but  shall  receive  their  actual  expenses  incurred  in  attend- 
ing the  meetings  of  the  board  or  in  the  transaction  of  any  business  of  the  college 
imposed  by  said  board. 


196  EDUCATION    REPORT,   1903. 

ART.  3867.  The  secretary  of  state  shall  forward  a  certificate  to  each  director 
within  ten  days  after  his  appointment,  notifying  him  of  the  fact  of  such  appoint- 
ment, and  should  any  director  so  appointed  and  notified  fail  for  ten  days  to  give 
notice  to  the  governor  of  his  acceptance,  his  appointment  shall  be  deemed  void 
and  his  place  filled  as  in  case  of  vacancy. 

ART.  3868.  There  shall  be  maintained  and  instructed  at  said  college  annually, 
free  of  charge  to  them,  three  students  from  each  senatorial  district  in  this  State, 
one  of  whom  shall  be  appointed  by  the  senator  of  such  district,  and  the  other  two 
by  the  representatives  thereof.  One-half  of  said  students  so  appointed  shall  be 
compelled  to  take  an  agricultural  and  the  other  half  a  mechanical  course  of  study, 
to  be  assigned  thereto  by  the  president  of  said  college,  and  in  order  to  pay  their 
expenses  the  comptroller,  on  proper  vouchers  being  filed  in  his  office  by  the  direct- 
ors, is  authorized  to  draw  his  warrant  on  the  State  treasurer  against  any  appro- 
priation made  for  that  purpose. 

ART.  3869.  The  board  of  directors  shall,  when  necessary,  appoint  the  president 
and  professors  of  the  college,  and  such  other  officers  as  from  time  to  time  they 
may  think  proper  to  keep  the  college  in  successful  operation,  and  may,  from  time 
to  time,  abolish  any  office  that  is  in  their  judgment  unnecessary. 

ART.  3870.  Said  board  shall  also  from  time  to  time  make  such  by-laws,  rules, 
and  regulations  for  the  government  of  said  college  as  they  may  deem  meet  and 
proper  for  that  purpose,  and  shall  regulate  the  course  of  study,  the  rates  of  tuition, 
the  manner  of  performing  labor,  and  the  kind  of  labor  to  be  performed  by  the 
students  of  said  college,  and  shall  also  prescribe  the  course  of  discipline  necessary 
to  enforce  the  faithful  discharge  of  the  duties  of  the  professors,  officers,  and 
students. 

ART.  3871.  It  shall  be  the  duty  of  the  board  to  have  printed  for  the  benefit  of 
the  people  of  the  State  and  officers  and  students  of  the  said  college  such  by-laws, 
rules,  and  regulations  as  they  are  authorized  by  the  preceding  article  to  prescribe. 

ART.  3872.  The  money  arising  from  the  sale  of  the  180,000  acres  of  land  donated 
to  this  State  by  the  United  States  under  the  provisions  of  an  act  of  Congress  passed 
on  July  2,  1862,  and  an  amended  act  of  Congress  of  Jiily  23,  1866,  shall  constitute 
a  perpetual  fund,  under  the  conditions  and  restrictions  imposed  by  the  above- 
recited  acts,  for  the  benefit  of  said  college,  and  the  investment  of  the  same,  hereto- 
fore made  in  the  bonds  of  the  State,  shall  continue  until  the  legislature  shall  by 
law  direct  it  to  be  invested  otherwise  in  furtherance  of  the  interests  of  said  college 
and  in  accordance  with  the  terms  on  which  it  was  received. 

ART.  3873.  The  interest  heretofore  collected  by  the  State  board  of  education  in 
accordance  with  the  provisions  of  the  act  of  August  21, 1876,  due  at  the  end  of  the 
fiscal  year  of  1876,  on  the  bonds  belonging  to  said  Agricultural  and  Mechanical 
College  and  invested  in  6  per  cent  State  bonds,  shall  also  constitute  a  part  of  the 
perpetual  fund  of  said  college  until  the  legislature  shall  otherwise  provide. 

ART.  3874.  It  shall  be  the  duty  of  the  State  board  of  education  to  collect  the  semi- 
annual interest  on  the  bonds  mentioned  in  the  two  preceding  articles  as  the  same 
becomes  due,  and  place  the  same  in  the  treasury  of  the  State  to  the  credit  of  said 
college  fund. 

ART.  3875.  The  interest  on  the  bonds  which  were  purchased  with  the  proceeds 
of  the  said  land  scrip,  and  also  the  interest  on  the  bonds  in  which  the  accrued 
interest  of  the  said  bonds  was  invested,  as  heretofore  set  out  in  this  chapter,  is  set 
apart  exclusively  for  the  use  of  said  college,  and  shall  be  drawn  from  the  treasury 
by  the  board  of  directors  on  vouchers  audited  by  said  board  or  approved  by  the 
governor  and  attested  by  the  secretary  of  the  board. 

ART.  3876.  On  such  vouchers  being  filed  with  the  comptroller,  it  shall  be  his 
duty  to  draw  his  warrant  on  the  State  treasurer  for  the  same  from  time  to  time 
as  the  same  may  be  needed  to  pay  the  directors,  professors,  and  officers  of  the 
college. 

ART.  3877.  The  agricultural  and  mechanical  college  for  the  benefit  of  colored 
youths,  located  in  Waller  County,  as  established  by  an  act  of  the  legislature 
approved  August  1.4,  1876,  shall  be  under  the  supervision  and  control  of  the  board 
of  directors  of  the  agricultural  and  mechanical  college  located  in  Brazos  County, 
and  established  by  an  act  of  the  legislature  passed  April  17,  1871. 

ART.  3878.  The  said  board  of  directors  shall  in  all  respects  have  the  same  pow- 
ers and  perform  the  same  duties  in  reference  to  the  college  named  in  the  preced- 
ing article  as  they  are  clothed  with  in  reference  to  the  agricultural  and  mechan- 
ical college  located  in  Brazos  County. 

ART.  3885.  The  normal  school  for  colored  teachers  at  Prairie  View  shall  be  under 
the  control  and  supervision  of  the  board  of  directors  of  the  agricultural  and 
mechanical  college.  (1879.) 

ART.  3886  [as  amended  by  act  of  June  6,  1899].  Said  board  of  directors  shall 


1LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  197 

admit  one  student  froin  each  senatorial  district,  who  shall  be  appointed  by  the 
senator  representing  said  district,  and  one  student  from  each  representative  dis- 
trict, who  shall  be  appointed  by  the  member  of  the  legislature  representing  said 
district:  Prot'id'.'d,  That  where  there  are  more  than  one  representative  in  a  dis- 
trict each  representative  of  such  district  shall  appoint  one  student,  said  students 
to  1)6  taken  from  the  colored  population  of  this  State,  which  said  students  shall 
not  be  less  than  16  years  of  age  at  the  time  of  their  admission:  Provided,  The  said 
school  shall  hereafter  be  called  and  known  as  "  Prairie  View  State  Normal  and 
Industrial  College." 

ART.  3887  [as  amended  by  act  of  June  6,  1899] .  Said  board  shall  appoint  a  prin- 
cipal teacher  and  such  assistant  teacher  or  teachers  of  said  school  and  such  other 
officers  of  said  school  as  may  be  necessary,  and  shall  make  such  rules,  by-laws, 
and  regulations  for  the  government  of  said  school  as  they  may  deem  necessary 
and  proper,  and  shall  regulate  the  course  of  study  and  the  manner  of  performing 
labor  to  be  performed  by  the  students,  and  shall  provide  for  the  board  and  lodg- 
ing and  instruction  to  the  students  without  pecuniary  charge  to  them  other  than 
that  each  student  shall  be  required  to  pay  one-third  of  the  cost  of  said  board, 
lodging,  and  instruction  quarterly  in  advance,  and  said  board  of  directors  shall 
regulate  the  course  of  discipline  necessary  to  enforce  the  faithful  discharge  of  the 
duties  of  all  officers,  teachers,  students,  and  employees  of  said  school,  and  shall 
have  the  same  printed  and  circulated  for  the  benefit  of  the  people  of  the  State  and 
the  officers,  teachers,  students,  and  employees  of  said  school. 

ART.  3888.  The  board  of  directors  may  provide  for  receiving  such  a  number  of 
students  of  both  sexes  as  in  the  judgment  of  said  board  the  school  can  best  accom- 
modate, and  shall  require  all  students  admitted  to  said  school  to  sign  a  written 
obligation  (in  a  proper  book  kept  for  that  purpose)  binding  said  student  to  teach 
in  the  public  free  schools  for  the  colored  population  of  their  respective  districts 
at  least  one  year  next  after  their  discharge  from  the  normal  school  and  as  much 
longer  than  one  year  as  the  time  of  their  connection  with  said  normal  school  shall 
exceed  one  year,  for  which  teaching  said  discharged  student  shall  receive  the  same 
rate  of  compensation  allowed  other  teachers  of  such  schools  with  like  qualifications. 

ART.  3889.  It  shall  be  the  duty  of  the  comptroller  of  public  accounts  annually 
to  set  apart  out  of  the  interest  accruing  from  the  university  fund,  appropriated 
for  the  support  of  public  free  schools,  the  sum  of  $6,000  for  the  support  of  said 
normal  school  and  place  said  fund  to  the  credit  of  said  normal  school,  and  the 
same  may  lx»  drawn  by  the  board  of  directors  on  vouchers  audited  by  the  board 
or  approved  by  the  governor  and  attested  by  the  secretary,  and  on  filing  such 
vouchers  the  comptroller  shall  draw  his  warrant  on  the  State  treasury  for  the  same 
from  time  to  time  as  the  s  unr  may  be  needed. 

ART.  3890.  The  board  shall  make  rules  by  which  students  can  obtain  certificates 
of  qualification  as  teachers  that  will  entitle  them  to  teach  without  other  or  further 
examination. 

Laws,  isso,  chapter  58:  Si;<  TI<  >x  1.  The  State  of  Texas  does  hereby  assent  to  the 
purposes  of  said  grant  [experiment  station  act  of  March  2, 1887]  and  designates  the 
Agricultural  and  Mechanical  College  of  Texas  as  such  station.  (April  3, 1889.) 

Laws,  1891,  chapter  40:  SECTION  1.  All  moneys  apportioned  to  the  State  of 
Texas  under  an  act  of  [August  30, 18901  of  the  Fifty-first  Congress  of  the  United 
States,  *  *  shall  be  apportioned  between  the  agricultural  and  mechanical 
college  and  the  Prairie  View  State  Normal  School  on  the  following  basis,  to  wit: 
Three-fourths  to  t«he  agricultural  and  mechanical  college  and  one-fourth  to  the 
Prairie  View  State  Normal  School. 

SEC.  2.  L.  S.  Ross,  president  of  the  agricultural  and  mechanical  college,  or  his 
successors  in  office  are  hereby  authorized  to  receive  and  receipt  for  all  moneys  due 
and  to  become  due  to  the  agricultural  and  mechanical  college  and  the  Prairie 
View  State  Normal  School,  under  the  act  of  Congress  aforesaid. 

Laws,  1899,  chapter  10:  SECTION  1.  The  president  and  board  of  directors  of  the 
Agricultural  and  Mechanical  College  of  Texas  are  hereby  authorized  and  directed 
to  employ  an  expert  entomologist,  one  or  more,  as  may  be  deemed  necessary, 
whose  duty  it  shall  be  to  devise,  if  possible,  means  of  destroying  the  Mexican  boll 
weevil,  boll  worm,  caterpillar,  sharpshooter,  chinch  bug,  peach  bug,  fly  and 
worm,  and  other  insect  pests,  and  to  perform  the  duties  of  professor  of  entomology 
in  the  Agricultural  and  Mechanical  College  of  Texas. 

SEC.  2.  The  sum  of  $5,000  is  hereby  appropriated,  out  of  any  money  in  the  State 
treasury  not  otherwise  appropriated,  for  the  purpose  of  putting  this  act  into  effect. 
(February  25,  1899.) 

Laws,  1901,  chapter  30:  The  sum  of  $2,500  for  the  first  year  and  $1,800  for  the 
second  year  is  set  apart  and  is  hereby  appropriated  out  of  the  general  revenue  for 
the  inauguration  and  maintenance  of  a  four-year  college  course  of  classical  and 


198  EDUCATION    REPORT,   1903. 

scientific  studies  at  the  Prarie  View  State  Normal  and  Industrial  College,  to  which, 
graduates  of  the  normal  course  shall  be  admitted  without  examination,  and  to 
which  others  may  be  admitted  after  having  passed  a  satisfactory  examination  in 
the  branches  comprised  in  the  normal  course:  Provided,  That  no  State  student 
shall  be  admitted  to  the  privileges  of  the  said  course:  And  provided  further,  That 
the  diploma  conferred  on  the  completion  of  the  said  course  shall  entitle  the  holder, 
without  other  or  further  examination,  to  teach  in  any  of  the  colored  public  free 
schools  of  the  State.  (March  28,  1901.) 

Laws,  1903,  chapter  54:  SECTION  1.  The  board  of  directors  of  the  Agricultural 
and  Mechanical  College  of  Texas  is  hereby  directed  and  required  to  establish  at 
and  in  connection  with  the  said  college  a  school  or  department  for  instruction  in 
the  theory  and  practical  art  of  textile  and  kindred  branches  of  industry,  whose 
main  purpose  shall  be  to  train  students  in  the  theory  and  practice  of  cotton  manu- 
facturing in  all  its  branches  from  the  raw  cotton  to  the  finished  fabric. 

SEC.  2.  The  said  board  of  directors  is  hereby  invested  with  full  power  and  author- 
ity to  erect  the  buildings,  purchase  the  necessary  machinery  and  equipment,  and 
generally  to  do  and  perform  all  acts  necessary  to  establish  and  maintain  said  school 
or  department. 

SEC.  8.  The  sum  of  $50,000,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
appropriated,  out  of  any  money  in  the  treasury  not  otherwise  appropriated,  for  the 
purpose  of  establishing  such  school  or  department.  (In  effect  August  1,  1903.) 


UTAH. 

Constitution  (1895),  article  10:  SECTION  1.  The  legislature  shall  provide  for  the 
establishment  and  maintenance  of  a  uniform  system  of  public  schools,  which  shall 
be  open  to  all  children  of  the  State  and  be  free  from  sectarian  control. 

SEC.  2.  Tho  public  school  system  shall  include  kindergarten  schools;  common 
schools,  consisting  of  primary  and  grammar  grades;  high  schools;  an  agricultural 
college;  a  university,  and  such  other  schools  as  the  legislature  may  establish. 
******  * 

SEC.  4.  The  location  and  establishment  by  existing  law  of  the  University  of  Utah 
and  the  agricultural  college  are  hereby  confirmed,  and  all  the  rights,  immunities, 
franchises,  and  endowments  heretofore  granted  or  conferred  are  hereby  perpetu- 
ated unto  said  university  and  agricultural  college,  respectively. 

SEC.  5.  The  proceeds  of  the  sale  of  lands  reserved  by  an  act  of  Congress  approved 
February  21,  1855,  for  the  establishment  of  the  University  of  Utah  and  of  all  the 
lands  granted  by  an  act  of  Congress  approved  July  16,  1894,  shall  constitute  per- 
manent funds,  to  be  safely  invested  and  held  by  the  State;  and  the  income  thereof 
shall  be  used  exclusively  for  the  support  and  maintenance  of  the  different  institu- 
tions and  colleges,  respectively,  in  accordance  with  the  requirements  and  condi- 
tions of  said  acts  of  Congress. 

[The  following  matter  is  taken  from  The  Revised  Statutes  of  the  State  of  Utah,  in  force 
January  1, 1898.  Lincoln,  Nebr.,  1897.] 

SEC.  2064.  Members  of  the  governing  board  of  each  State  institution  shall  be 
appointed  by  the  governor,  with  the  advice  and  consent  of  the1  senate,  except  as  in 
this  title  otherwise  provided. 

SEC.  2065.  A  vacancy  in  a  governing  board  may  occur  by  the  expiration  of  a 
term,  by  death,  by  lawful  removal  from  office,  by  the  permanent  departure  of  a 
member  thereof  from  the  State,  by  his  incapacity  to  act,  or  by  his  resignation. 
Such  vacancy,  other  than  by  the  expiration  of  a  term,  shall  be  filled  by  the  gov- 
ernor for  the  remainder  of  the  term,  with  the  advice  and  consent  of  the  Senate  if 
in  session.  If  the  senate  is  not  in  session  the  appointment  shall  be  made  and 
shall  continue  until  the  next  regular  session  of  the  senate.  Each  member  of  the 
board  shall  hold  until  his  successor  shall  be  appointed  and  shall  have  qualified. 

SEC.  2066.  No  member  of  the  governing  board  of  a  State  institution  nor  official 
or  employee  of  such  institution  shall  ba  pecuniarily  interested,  directly  or  indi- 
rectly, in  any  contract,  business,  or  transaction  entered  into  by  or  on  behalf  of  the 
institution. 

SEC.  2067.  All  general  supplies  for  every  State  institution  shall  be  contracted  for 
by  the  year,  except  in  cases  where  contracts  for  certain  supplies  can  not  be  advan- 
tageously made.  Notice  shall  be  given  and  contracts  let  in  the  manner  provided 
in  the  two  succeeding  sections. 

SEC.  2068.  "Whenever  the  needs  of  a  State  institution  demand  a  building  to  be 
repaired  or  erected  or  any  work  amounting  to  more  than  $200  to  b3  done,  the  gov- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  199 

erning  board  of  such  institution  shall  advertise  for  at  least  ten  days  in  some  news- 
paper published  in  this  State,  and  having  a  general  circulation  herein,  for  sealed 
proposals  for  repairing  or  erecting  such  building  or  performing  such  work  in 
accordance  with  plans  and  specifications  to  be  had  at  the  office  of  the  board. 

SEC\  2070.  The  proper  pro  rata  of  the  biennial  appropriation  of  a  State  institu- 
tion may  be  drawn  quarterly  in  advance  from  the  State  treasurer  on  a  warrant  of 
the  State  auditor.  Warrants  must  be  drawn  by  the  State  auditor  in  favor  of  the 
treasurer  of  the  governing  board  of  the  institution.  *  *  *  To  obtain  such  war- 
rants the  treasurer  of  the  board  *  *  *  must  present  to  the  State  auditor  writ- 
ten authorization  from  the  board. 

SEC.  2071.  The  governing  board  of  each  State  institution  shall  make  biennially 
to  the  governor,  on  the  1st  day  of  January  preceding  each  regular  session  of  the 
legislature,  a  detailed  report  showing  a  statement  of  its  important  official  acts, 
the  growth  and  condition  of  the  institution,  the  report  of  the  chief  executive 
officer  thereof,  a  list  of  officials  and  their  salaries,  and  an  estimate  of  the  cash 
value  of  the  real  and  personal  property  of  the  institution  or  of  the  State  in  con- 
nection therewith,  together  with  an  inventory  of  the  same. 

SEC.  2072.  At  such  time,  also,  each  governing  board  shall  furnish  to  the  governor 
and  to  the  State  auditor  detailed  accounts  of  its  receipts  and  expenditures  during 
the  preceding  two  years  ending  December  31,  as  well  as  an  itemized  estimate  of 
the  income  and  requirements  of  the  institution  for  the  coming  biennial  period. 
Such  accounts  and  estimates  must  be  countersigned  by  the  chief  executive  officer 
of  the  institution  and  by  the  secretary  or  clerk  of  the  same,  if  there  is  one.  If 
such  officer  or  secretary  shall  fail  to  so  countersign,  he  shall  be  liable  to  a  fine  of 
$100. 

SEC.  2073.  The  Agricultural  College  of  Utah  shall  continue  as  now  established 
[by  act  of  March  8,  1888]  and  located  at  Logan,  in  the  county  of  Cache. 

SEC.  2074.  The  leading  object  of  the  college  shall  be  to  teach  branches  of  learn- 
ing related  to  agriculture  and  the  mechanical  arts  and  such  other  scientific  and 
classical  studies  as  may  promote  the  liberal  and  practical  education  of  the  indus"- 
trial  classes  in  the  several  pursuits  and  professions  of  life.  (March  8,  1888.) 

SEC.  2075.  The  government  and  control  of  the  college  shall  be  vested  in  a  board  of 
seven  trustees.  Four  members  of  the  board  shall  be  appointed  to  serve  for  two  years 
and  three  members  for  four  years,  as  may  be  designated  by  the  governor  at  the 
time  of  their  appointments,  such  appointments  to  be  made  at  the  expiration  of 
the  respective  terms  of  the  present  members;  thereafter  appointments  shall  be  for 
the  term  of  four  years. 

.  2076.  The  board  shall  take  charge  of  the  general  interests  of  the  institution, 
and  may  sue  and  be  sued  in  all  matters  concerning  it.  The  board  shall  have  power 
to  enact  by-laws  and  regulations  for  all  concerns  of  the  institution  not  inconsistent 
with  the  laws  of  the  State;  and  likewise  to  appoint  a  president  of  the  faculty, 
professors,  and  such  other  officers  and  employees  as,  in  its  judgment,  may  be  neces- 
sary, to  prescribe  their  dnt  i-.-s.  an;l  to  determine  their  salaries. 

Si  .<  .  \?i  '7  r.  The  board  shall  have  kept  an  accurate  record  of  its  proceedings,  which 
shall  embrace  copies  of  all  contracts  entered  into,  and  a  minute  and  accurate 
record  of  all  expenditures,  showing  the  amount  paid,  to  whom  paid,  and  for  what 
service  rendered,  and  materials  purchased,  and  whether  paid  on  account  or  in 
performance  of  contract:  and  for  all  payments  made  vouchers  shall  be  taken. 

SEC.  2078.  The  board  shall  have  the  general  control  and  supervision  of  the  col- 
lege, of  the  farm  pertaining  thereto,  and  of  such  property  as  may  be  vested  in  the 
college  by  law,  of  all  appropriations  made  by  the  State  for  the  support  of  the 
same,  and  also  of  lands  or  personalty  that  may  hereafter  be  donated  by  the  State, 
or  by  the  United  States,  or  by  any  person  or  corporation,  in  trust  for  the  promo- 
tion of  agricultural  and  industrial  pursuits. 

SEC.  2079.  The  board  shall  elect  one  of  its  number  president,  and  shall  appoint 
a  secretary  and  a  treasurer. 

SEC.  2080.  The  trustees  and  the  treasurer  shall  qualify  by  taking  the  constitu- 
tional oath  of  office  and  by  giving  bonds,  with  sufficient  sureties,  to  the  State  of 
Utah  in  the  penal  sum  of  $1,000  each,  conditioned  for  the  faithful  performance 
of  the  duties  of  their  respective  offices.  Such  bonds  must  be  approved  by  and 
delivered  to  the  secretary  of  state. 

SEC.  2081.  Each  trustee  shall  receive,  as  his  compensation  $4  per  diem  for  each 
meeting  of  the  board  at  which  he  shall  be  present,  payable  out  of  any  moneys 
appropriated  for  the  use  of  the  agricultural  college,  and  he  shall  be  allowed  for 
traveling  expenses  mileage  at  the  rate  of  10  cents  per  mile,  for  one  way  only,  for 
the  distance  necessarily  traveled  in  attending  the  meetings  of  the  board. 

SEC.  2082.  After  the  expiration  of  the  terms  of  the  present  trustees  there  shall 
be  allowed  to  members  of  the  board  no  compensation  for  their  time  or  services, 


200  EDUCATION    REPOET,  1903. 

bnt  their  actual  and  necessary  expenses  incurred  in  the  performance  of  their 
official  duties,  the  account  for  which  shall  be  verified  on  oath,  shall  be  paid  by  the 
State  treasurer  on  the  warrant  of  the  State  auditor,  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

SEC.  2083.  The  board  shall  establish  in  the  college  an  adequate  number  of 
professorships  of  the  sciences  related  to  agriculture  and  the  mechanical  arts.  Such 
professorships  shall  be  filled  by  able  and  competent  professors,  aided  by  such 
assistants,  tutors,  and  other  instructors  as  shall  from  time  to  time  be  necessary. 

SEC.  2084.  The  president  of  the  trustees,  the  professors,  and  such  assistants  as 
may  be  designated  by  the  board  shall  constitute  the  faculty  of  the  college.  The 
titles  of  such  assistants  shall  be  determined  by  the  board.  The  president  of  the 
faculty  shall  be  ex  officio  a  member  of  the  State  board  of  education. 

SEC.  2085.  Any  professor,  instructor,  officer,  or  employee  of  the  college  shall  be 
removable  at  the  pleasure  of  the  board. 

SEC.  2086.  In  the  appointments  of  professors,  instructors,  and  other  officers  and 
assistants  of  said  college,  and  in  prescribing  the  studies  and  exercises  thereof,  and 
in  every  part  of  the  management  and  government  thereof,  no  partiality  or  pref- 
erence shall  be  shown  by  the  board  to  one  sect  or  religious  denomination  over 
another,  nor  shall  anything  sectarian  be  taught  therein.  Persons  engaged  in 
conducting,  governing,  managing,  or  controlling  the  college  in  any  of  its  parts 
and  its  studies  and  exercises  shall  faithfully  and  impartially  carry  out  the 
provisions  of  this  section  for  the  common  good. 

SEC.  2087.  The  course  of  instruction  shall  embrace  the  English  language  and 
literature,  mathematics,  engineering,  agricultural  chemistry,  animal  and  vege- 
table anatomy  and  physiology,  the  veterinary  art,  entomology,  geology,  and  such 
other  natural  sciences  as  may  be  prescribed,  technology,  political,  rural,  and 
household  economy,  horticulture,  moral  philosophy,  history,  bookkeeping,  and 
especially  the  application  of  science  and  the  mechanical  arts  to  practical 
agriculture. 

SEC.  2088.  A  full  course  of  study  in  the  institution  shall  be  of  not  less  than  four 
years.  The  board  may  institute  a  winter  course  of  lectures  for  others  than  students 
of  the  institution,  under  necessary  rules  and  regulations. 

SEC.  2089.  The  academical  year  shall  consist  of  not  less  than  nine  calendar 
months,  and  it  may  be  divided  into  such  terms  by  the  board  as  in  its  judgment 
will  best  secure  the  objects  for  which  the  college  was  founded. 

SEC.  2090.  No  student  shall  be  admitted  to  the  institution  who  shall  not  have 
attained  the  age  of  15  years  and  who  shall  not  have  passed  a  satisfactory  examina- 
tion in  arithmetic,  geography,  grammar,  reading,  spelling,  and  penmanship. 

SEC.  2091.  The  board  of  trustees  shall,  with  the  advice  of  the  faculty,  prescribe 
the  books  to  be  used  in  the  institution  and  confer  for  similar  or  equal  attainments 
degrees  and  testimonials  similar  to  those  conferred  by  agricultural  colleges  else- 
where. 

SEC.  2092.  In  connection  with  the  college  there  shall  be  established  an  agricul- 
tural experiment  station  to  conduct  original  researches  into  the  physiology  of 
plants  and  animals;  the  diseases  to  which  they  may  be  severally  subject,  with  the 
remedies  therefor;  the  chemical  compositions  of  useful  plants  at  different  stages 
of  growth;  the  comparative  advantages  of  rotative  croppings  as  pursued  under  a 
varying  series  of  crops;  the  capacities  of  new  plants  or  trees  for  acclimation  in  the 
State;  the  analysis  of  soils  and  waters;  the  chemical  compositions  of  manures, 
natural  and  artificial,  with  experiments  designed  to  test  their  comparative  effects 
on  crops  of  different  kinds;  the  adaptation  and  values  of  grasses  and  forage  plants; 
the  compositions  and  digestibility  of  the  different  kinds  of  feed  for  domestic  ani- 
mals; the  scientific  and  economic  questions  involved  in  the  production  of  butter 
and  cheese;  the  best  methods  of  irrigation,  with  experiments  designed  to  show  the 
amount  of  water  and  number  of  waterings  needed  on  different  soils  to  produce  the 
most  abundant  crops,  and  such  other  researches  and  experiments  as  bear  directly 
on  the  agricultural  industry  of  the  State  of  Utah.  The  agricultural  station  shall 
be  conducted  in  accordance  with  the  provisions  of  an  act  of  Congress  passed 
March  2,  1887.  *  *  * 

SEC.  2093.  The  board  shall  take  charge  of  the  agricultural  experiment  station, 
purchase  suitable  lands,  erect  needed  buildings,  and  appoint  necessary  officers  and 
assistants  to  conduct  the  experiments  mentioned  in  section  2092.  It  shall  cause 
bulletins  and  reports  of  the  work  at  such  station  to  be  published  and  mailed,  as 
required  in  the  act  of  Congress  aforementioned. 

SEC.  2094.  The  governor  is  hereby  authorized  to  make  application  to  the  Secre- 
tary of  the  Treasury  to  obtain  any  appropriation  made  by  Congress  in  pursuance 
of  the  act  above  mentioned  or  of  other  acts  supplementary  thereto.  Whenever 
the  college  and  agricultural  experiment  station  shall  be  entitled  to  any  money 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  201 

Tinder  the  aforesaid  or  a  similar  act,  the  board  of  trustees  shall  execute  and  file  with 
the  Secretary  of  the  Treasury  an  agreement  to  expend  the  money  received  for  the 
sole  and  exclusive  purpose  expressed  in  such  act  and  in  the  manner  therein  directed 
and  to  maintain  a  farm  of  at  least  25  acres  in  connection  with  the  agricultural 
college.  The  board  shall  also  execute  and  file  with  the  said  Secretary  its  bond,  in 
the  penal  sum  of  $15,000,  with  two  sufficient  sureties  approved  by  the  State  auditor, 
conditioned  for  the  faithful  performance  of  the  agreement. 

SEC-.  2095.  The  board  of  trustees,  with  the  advice  of  the  faculty  of  the  college, 
are  hereby  authorized  and  required  to  hold  institutes  for  the  instruction  of  the 
citizens  of  the  State  in  various  branches  of  agriculture.  Such  an  institute  shall 
be  held  in  each  county  at  least  once  during  each  school  year  and  at  a  particular 
time  and  place  designated  by  the  board  and  faculty.  The  board  shall  make  rules 
and  regulations  for  organizing  and  conducting  the  institutes,  and  it  may  employ 
an  agent  or  agents  to  perform  the  requisite  work  in  connection  with  the  faculty 
of  the  college.  Courses  of  instruction  at  the  institutes  shall  be  so  arranged  as  to 
present  to  those  in  attendance  the  results  of  the  most  recent  investigations  in 
theoretical  and  practical  agriculture 

Si:<  .  2<>t)<>.  It  shall  be  the  duty  of  tnose  conducting  institutes  to  encourage  and 
assist  in  the  organization  of  local  agricultural  societies.  At  the  close  of  each 
season's  institute  work  the  board  shall  cause  to  be  published  in  book  or  pa  »phlet 
form,  for  free  distribution  to  the  farmers  of  the  State,  an  annual  report  of  such  work 
and  of  the  leading  papers  presented  to  and  of  the  discussions  at  the  institute 
meetings  of  the  State. 

SEC.  2097.  It  shall  be  the  duty  of  the  professor  in  charge  of  the  dairy  depart- 
ment of  the  college  to  visit  and  inspect  as  many  as  possible  of  the  cheese  and  but- 
ter factories  of  the  State  each  year  and  make  a  report  thereof,  to  be  printed  as 
provided  in  section  2<>(.M5. 

SKC.  2098.  For  the  institute  purposes  here  mentioned  the  board  may  use  such 
stun  as  it  may  deem  proper,  not  exceeding  $1,500  in  any  one  year,  and  this  amount 
is  hereby  annually  appropriated  for  that  purpose  out  of  any  money  in  the  State 
treasury  not  otherwise  appropriated. 

Laws,  1899,  chapter  29:  SK<-.  15.  It  shall  lx>  the  duty  of  the  Utah  Art  Institute, 
through  its  art  lectureship  committee,  to  prepare  annually  a  course  of  lectures  on 
subjects  of  art,  which  shall  be  delivered  in  whole  or  in  part  before  the  students 
of  the  agricultural  college.  *  It  shall  be  the  duty  of  the  art  lectureship 

committee  to  advise  with  officers  of  State  educational  institutions  and  superin- 
tendents of  public  schools  as  1*.  courses  in  drawing,  design,  and  art,  with  a  viewto 
creating  a  stronger  art  influence  in  State  educational  institutions.  (March  9, 
1899.) 

Laws,  1M99,  chapter  75:  SIMTION  1.  The  object  of  this  act  is  the  establishment 
and  maintenance  of  a  regular  winter  course  of  studies  for  students  at  the  Agri- 
cultural C \tllege  of  Utah,  which  course  shall  include  studies  relating  to  agricul- 
ture and  mechanical  arts  and  such  other  scientific  and  classical  studies  as  the 
board  of  trustees  and  faculty  may  pivsrribe,  and  the  board  of  trustees  is  hereby 
empowered  and  directed  t;>  establish  such  course. 

SEC.  2.  The  special  year  of  this  course  shall  consist  of  five  calendar  months, 
beginning  on  or  about  November  1  of  each  year.  (March  16,  1899.) 

Laws,  I9u:j.  chapter  41:  SECTION  1.  In  order  to  investigate  and  demonstrate  the 
conditions  under  which  useful  plants  may  be  grown  on  the  dry  or  arid  or  non- 
irrigated  lands  of  the  State  of  Utah,  and  to  determine  the  kind  of  plants  best 
adapted  for  growth  on  these  lands,  there  shall  be  established  five  experimental 
farms  or  as  many  more  as  may  be  maintained  by  the  appropriation  designated  in 
section  7. 

SEC(.  2.  It  shall  be  the  duty  of  those  having  said  experimental  farms  in  charge 
ure  seeds  from  this  and  other  countries  of  the  world  of  plants  that  are 
thought  suitable  for  growth  on  dry  lands,  and  to  observe  and  record  the  growth, 
yield,  and  composition  of  the  plants  grown  from  seed  so  secured;  to  investigate 
and  determine  the  methods  of  soil  treatment  by  which  the  soil  water  is  best  con- 
served; to  investigate  the  possibilities  of  grazing  on  dry  lands  which  have  been 
s«-e.ded  to  different  crops,  and  to  undertake  such  other  experiments  and  demonstra- 
tions as  may  be  deemed  advisable,  having  in  view  the  reclamation  of  the  dry  or 
arid  lands  of  the  State. 

SEC.  3.  Not  more  than  one  of  said  experimental  farms  shall  be  located  in  one 
county.  The  said  experimental  farms  shall  be  located  in  districts  where  there 
are  large  areas  of  dry  land  that  may  not  in  the  near  future  be  brought  under  irri- 
gation, and  tlie  locations  of  said  experimental  farms  shall  be  selected  under  the 
direction  of  the  board  of  trustees  of  the  Agricultural  College  of  Utah. 

SEC.  4.  The  actual  work  of  experimentation  and  demonstration  on  said  experi- 


202  EDUCATION    REPOKT,  1903. 

mental  f  arms  shall  be  under  the  direction  of  the  agricultural  experiment  station 
of  the  State  agricultural  college.  The  officers  of  the  said  State  experiment  sta- 
tion, after  having  made  selection  of  the  location  of  the  said  experimental  farms, 
are  hereby  authorized  and  required  to  proceed  to  carry  out  the  provisions  of  this 
act. 

SEC.  5.  The  State  experiment  station  shall  prepare  and  publish,  or  cause  to  be 
prepared  and  published,  full  and  complete  annual  reports  of  the  work  accomplished 
on  said  experimental  farms;  an  edition  of  not  less  than  6,000  copies  shall  be  pub- 
lished annually  and  distributed  free  of  charge  to  all  State  and  county  officials, 
newspapers,  and  interested  citizens. 

SEC.  6.  These  experimental  farms  shall  be  maintained  for  a  period  of  not  less 
than  five  years  from  the  date  of  the  passage  of  this  act. 

SEC.  7.  For  the  purpose  of  carrying  out  the  provisions  of  this  act  the  sum  of 
$12,500  is  hereby  appropriated  from  any  moneys  in  the  State  treasury  not  other- 
wise appropriated,  and  the  State  auditor  shall  draw  his  warrant  on  the  State 
treasurer  upon  request  in  writing  by  the  secretary  of  the  board  of  trustees  of  the 
Agricultural  College  of  Utah. 

SEC.  8.  Whenever  the  trustees  of  the  agricultural  college  desire  to  establish 
an  experimental  farm  in  any  county,  they  shall,  as  a  condition  precedent,  apply 
to  the  commissioners  of  such  county  to  provide  them  with  the  gratuitous  use  of 
the  required  lands  for  the  time  needed,  and  upon  the  commissioners  furnishing  a 
requisite  lease  on  suitable  land  the  said  trustees  may  establish  such  farm. 
(March  6,  1903.) 


VERMONT. 

Acts  and  Resolves,  1862,  joint  resolution  No.  46:  The  State  of  Vermont  does 
hereby  accept  the  benefits  of  an  act  passed  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress  assembled  entitled  "An 
act  donating  public  lands  to  the  several  States  and  Territories  which  may  provide 
colleges  for  the  benefit  of  agriculture  and  the  mechanic  arts,  "  approved  July  2, 
1862,  and  will  observe  and  comply  with  all  the  requirements  of  said  act.  (October 
29,  1862.) 

Acts  and  Resolves,  1862,  public  act  No.  17:  SECTION  1.  Homer  E.  Royce    * 
and  John  B.  Page    '  '    are  hereby  appointed  agents  in  the  name  and  behalf 

of  the  State  of  Vermont  to 'obtain  and  receive  from  the  United  States  Govern- 
ment all  land  scrip  to  which  said  State  may  become  entitled  under  an  act  of  the 
Congress  of  the  United  States  approved  July  2,  1862.  *  *  * 

SEC.  2.  The  aforesaid  agents  are  hereby  authorized  and  required  to  make  such 
examination  of  the  public  lands  as  are  subject  to  private  entry,  and  procure  such 
information  in  relation  to  the  same  as  they  may  judge  will  be  useful  in  the  dis- 
posal and  location  of  the  scrip  mentioned  in  the  first  section  of  this  act,  and  they 
are  authorized  to  sell  or  assign  the  same,  or  any  part  thereof,  upon  such  terms 
and  conditions  as  they  shall  deem  will  be  most  advantageous  to  this  State:  Pro- 
vided, The  governor  of  the  State  shall  approve  of  all  such  sales  or  assignments. 

SEC.  3.  The  agents  appointed  by  this  act  shall  hold  their  appointment  for  one 
year  and  until  their  successors  shall  be  appointed,  and  before  entering  upon  the 
duties  of  their  appointment  each  shall  give  his  bond  with  good  and  sufficient 
surety  or  sureties  to  the  State  of  Vermont  in  the  sum  of  $50,000,  the  said  bond  to 
be  approved  by  the  governor  and  deposited  with  the  secretary  of  state,  and  to  be 
in  such  form  as  he  shall  direct  and  conditioned  for  the  return  to  the  treasury  of 
the  State  of  all  scrip,  money,  or  other  securities  obtained  or  received  for  the  bene- 
fit of  this  State  and  for  the  faithful  performance  of  all  the  duties  of  their  office. 

SEC.  4.  Said  agents  shall  make  an  annual  report  to  the  governor  of  the  State  of 
all  their  doings  under  this  act. 

SEC.  5.  The  governor  of  the  State  is  hereby  authorized  to  receive  proposals  for 
such  donations  of  land,  buildings,  and  funds  as  may  be  tendered  from  any  part  of 
the  State,  or  from  any  person  or  persons,  for  the  purpose  of  establishing  a  college 
according  to  the  provisions  of  the  act  of  Congress  heretofore  mentioned,  and  report 
the  same  to  the  next  legislature. 

******* 

SEC.  7.  All  moneys  derived  from  the  sale  of  said  lands  or  scrip  mentioned  in 
section  2  of  this  act  shall  be  invested  by  the  treasurer  of  the  State  in  safe  stocks 
yielding  not  less  than  5  per  cent  upon  the  par  value  of  said  stocks,  and  the  interest 
of  the  fund  created  by  said  stocks  shall  be  appropriated  for  the  purposes  declared 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  203 

in  the  said  act  of  Congress:  Provided,  That  said  investments  shall  always  be  made 
with  the  approval  of  the  governor  of  the  State.     (December  1.  1862.) 

Acts  and  Resolves,  1864,  public  act  No.  96:  SECTION  1.  Justin  S.  Morrill  [and 
13  others  named] ,  their  associates  and  successors,  are  hereby  constituted  a  body 
corporate  by  the  name  of  the  Vermont  Agricultural  College,  the  leading  object  of 
which  shall  be,  without  excluding  other  scientific  and  classical  studies  and  includ- 
ing military  tactics,  to  teach  such  branches  of  learning  as  are  related  to  agricul- 
ture and  the  mechanic  arts  in  order  to  promote  the  liberal  and  practical  education 
of  the  industrial  classes  in  the  several  pursuits  and  professions  of  life. 

******* 

SEC.  8.  When  the  said  college  shall  have  been  organized,  located,  and  estab- 
lished, as  and  for  the  purposes  specified  in  this  act,  there  shall  be  appropriated 
and  paid  to  its  treasurer  each  year,  on  the  warrant  of  the  governor,  the  annual 
interest  or  income  which  may  be  received  from  the  fund  created  under  and  by 
virtue  of  the  act  of  Congress  [of  July  2, 1862J  named  in  the  seventh  section  of  this 
act  and  the  laws  of  this  State  accepting  the  provisions  thereof  and  relating  to  the 
same.  (November  22,  1864.) 

Acts  and  Resolves,  1865,  public  act  No.  83:  SECTION  1.  The  University  of  Ver- 
mont and  the  Vermont  Agricultural  College,  with  such  other  corporations  as  may 
hereafter  become  united  therewith,  are  hereby  united  and  constituted  a  body  cor- 
porate by  the  name  of  the  "  University  of  Vermont  and  State  Agricultural  Col- 
lege," for  the  purpose  of  carrying  out  the  objects  contemplated  in  their  respective 
charters,  and  as  such  shall  be  and  remain  a  body  corporate  forever,  and  as  such 
may  hold  and  convey  real  and  personal  estate,  have  a  common  seal,  and  have  all 
the  rights  and  powers  incident  to  corporations. 

SEC.  2.  Each  of  the  two  institutions  hereby  united  shall,  on  or  before  Decem- 
ber 15  next,  elect  by  ballot  nine  of  their  number,  who,  with  their  successors,  shall 
thereafter  constitute  its  board  of  trustees  and  likewise  constitute  a  part  of  the 
board  of  trustees  of  the  corporation  hereby  created,  and  the  nine  trustees  of  the 
said  agricultural  college  so  elected  shall  be  divided  by  lot  into  three  classes:  The 
first  class,  consisting  of  three  members,  shall  vacate  their  office  at  the  end  of  two 
years  from  their  election;  the  second  class,  consisting  of  three  members,  shall 
vacate  their  office  at  the  end  of  four  years  from  the  time  of  their  election,  and  the 
third  class,  consisting  of  three  members,  shall  vacate  their  office  at  the  end  of  six 
years  from  the  time  of  their  election;  and  it  shall  be  the  duty  of  the  legislature, 
at  its  session  next  preceding  the  time  of  the  expiration  of  the  terms  of  office  of 
said  trustees,  to  elect  persons  to  supply  such  vacancies,  whose  terms  of  office  shall 
continue  six  years,  and  it  shall  be  the  duty  of  the  said  nine  trustees  of  the  Uni- 
versity of  Vermont  to  elect  successors  to  fill  any  vacancy  which  may  occur  among 
4-heir  number,  and  all  the  trustees  so  elected  as  is  hereinbefore  provided  shall, 
Jogether  with  his  excellency  the  governor  of  the  State,  and  the  president,  wh.o 
Tiall  be  ex  officio  a  member,  constitute  an  entire  board  of  trustees  of  the  corpora- 
tion hereby  created,  who  shall  have  the  entire  management  and  control  of  its 
property  and  affairs,  and  in  all  things  relating  thereto  except  in  the  elections  to  fill 
vacancies,  as  aforesaid,  shall  act  together  jointly  as  one  entire  board  of  trustees: 
Provided,  That  all  future  elections  or  appointments  to  said  board  of  trustees  shall 
be  made  with  special  reference  to  preventing  any  religious  denominational  pre- 
ponderance in  said  board. 

SEC.  3.  Said  board  of  trustees,  a  majority  of  whom  may  constitute  a  quorum 
for  the  transaction  of  business,  may  confer  such  honors  and  degrees  as  are  usually 
given  in  colleges  and  universities  and  any  other  appropriate  degrees,  and  may 
from  time  to  time,  as  occasion  may  require,  elect  a  president,  also  a  secretary, 
treasurer,  librarian,  professors,  instructors,  and  any  other  necessary  officers,  and 
prescribe  their  duties,  salaries,  and  term  of  office,  and  may  make  all  necessary 
by-laws  and  regulations  for  the  government  of  themselves  and  others  connected 
with  the  institution  not  inconsistent  with  the  provisions  of  this  act,  and  therein 
prescribe  the  terms  of  admission,  rates  of  tuition,  modes  of  study,  and  course  of 
instruction,  including  any  proper  regulations  for  uniform,  discipline,  and  military 
drill,  as  well  as  for  experimental  and  practical  instruction  in  the  different  branches 
of  agricultural  labor. 

SF.C.  4.  Said  board  of  trustees  shall  have  the  right  to  use,  control,  sell,  or  dispose 
of  all  the  real  estate  and  personal  property  now  belonging  to  the  University  of 
Vermont,  and  belonging  to  any  other  institution  at  the  time  of  its  union,  if  such 
union  shall  be  made  with  this  corporation  agreeably  to  this  act,  subject,  however, 
to  the  payment  of  any  debts  of  such  institutions  existing  at  the  time  of  such  union, 
and  subject  to  any  trusts,  duties,  and  obligations  connected  therewith,  and  shall 
be  entitled  to  receive  and  use,  for  the  purposes  aforesaid,  the  rents  and  uses  of 


204  EDUCATION    KEPORT,   1903. 

any  of  the  aforesaid  lands,  including  the  rents  and  uses  of  all  such  lands  as  have 
been  heretofore  reserved  in  any  charter  of  land  in  this  State  for  the  use  and  benefit 
of  any  college,  and  may  have  the  same  rights  in  respect  to  said  lands,  and  to  any 
leases  of  the  same,  and  to  any  rents  arising  therefrom  that  said  institutions 
respectively  now  have,  and  may  maintain  suits  in  their  own  name,  or  in  the  name  of 
such  new  corporation,  to  recover  the  same:  Provided,  That  the  right  of  all  parties 
shall  remain  and  the  same  defenses  shall  be  had  to  such  suits  as  if  the  same  were 
brought  in  the  name  and  as  between  the  said  original  parties;  and  the  corporation 
hereby  created  shall  at  all  times  assume,  discharge,  and  perform  all  the  debts, 
duties,  trusts,  and  obligations  which  said  several  institutions  were  subject  to  at 
the  time  they  became  united  in  said  new  corporation  by  virtue  of  this  act. 

SEC.  5.  There  shall  at  all  times  be  maintained  in  the  institution  hereby  cre- 
ated such  instruction  in  the  various  branches  of  learning  as  is  contemplated  in 
the  several  charters  of  each  of  the  institutions  hereby  united,  and  more  particu- 
larly including  a  four  years'  course  of  studies  similar  to  such  as  are  generally 
taught  in  other  colleges,  and  not  inferior  to  that  recently  taught  in  said  Univer- 
sity of  Vermont,  and  in  addition  to  that  which  is  usually  taught  in  other  colleges 
the  instruction  in  this  institution  shall  include  such  enlarged  facilities  and 
extended  scope  and  variety  in  the  study  of  those  branches  which  relate  to  mili- 
tary tactics,  agriculture,  and  the  mechanic  arts  as  shall  render  the  whole  instruc- 
tion in  conformity  with  said  act  of  Congress,  as  well  as  with  the  several  charters 
aforesaid. 

SEC.  6.  Said  trustees  may,  in  their  discretion,  obtain  by  gift,  grant,  or  other- 
wise, a  tract  of  land  which  together  with  the  land  now  owned  by  the  University 
of  Vermont  shall  amount  to  at  least  100  acres,  to  be  used  as  an  experimental  farm 
whereon  they  may  make  any  desirable  experiments  in  the  breeding  of  stock,  field 
culture,  the  analysis  and  adaptation  of  soils,  and  horticultural  and  botanical 
gardening,  or  either  of  them,  as  they  may  deem  proper;  and  also  for  the  purpose 
of  military  encampment,  target  firing,  drill,  and  review;  and  said  trustees  may 
use,  lease,  or  dispose  of  the  same,  as  they  may  think  proper,  so  as  best  to  promote 
the  objects  of  the  institutions. 

And  in  case  said  land  shall  be  procured,  as  aforesaid,  a  sum  not  to  exceed  one- 
tenth  of  the  money  which  has  been  received  by  the  State  treasurer  for  the  sale  of 
land  scrip,  in  pursuance  of  the  act  of  Congress  authorizing  the  same,  shall  be  paid 
to  said  board  of  trustees  for  the  purposes  aforesaid:  Provided,  That  no  agricul- 
tural labor  shall  be  required  of  students  except  by  their  voluntary  agreement  or 
consent. 

SEC.  7.  Whenever  this  corporation  shall  have  been  duly  organized  there  shall 
be  appropriated  and  paid  to  its  treasurer  annually,  for  the  purpose  herein  men- 
tioned, on  the  warrant  of  the  governor,  the  interest  or  the  income  which  may  be 
received  from  the  fund  created  under  and  by  virtue  of  the  act  of  Congress. 

SEC.  8.  The  corporation  hereby  created  shall  make  annual  reports  to  the  legis- 
lature of  this  State  of  their  condition,  financially  and  otherwise,  and  make  and 
distribute  the  reports  required  by  the  act  of  Congress  herein  referred  to;  and  the 
legislature  may  annually  appoint  a  board  of  visitors,  who  may  annually  examine 
the  affairs  of  said  corporation. 

SEC.  9.  The  permanent  location  of  the  institution  hereby  created  shall  be  in 
Burlington,  in  said  State  of  Vermont,  and  the  first  meeting  of  the  board  of 
trustees  shall  be  there  held  on  November  15  next,  at  7  o'clock  p.  m.,  or  if  such 
meeting  shall  not  be  held  at  that  time  it  shall  be  held  at  such  other  time  and  place 
as  the  governor  of  this  State  may  appoint,  seasonable  notice  of  said  appointment 
having  been  first  given  to  each  of  the  trustees  or  corporators  of  the  Vermont  Uni- 
versity and  Vermont  Agricultural  College. 

SEC.  10.  The  president  and  fellows  of  Middlebury  College  and  the  Norwich  Uni- 
versity, or  either  of  them,  may  hereafter,  with  the  assent  and  concurrence  by  vote 
of  a  majority  of  each  of  the  nine  trustees  elected  as  aforesaid,  and  their  successors, 
become  incorporated  and  united  with  the  corporation  hereby  created  by  vote  of 
their  said  corporations  at  any  meeting  legally  warned  and  holden,  and  by  leaving 
for  record  in  the  ofiice  of  the  secretary  of  the  State  a  true  and  attested  copy  of 
such  vote  or  7otes,  and  of  all  the  proceedings  of  the  meeting  or  meetings  at  which 
the  votes  aforesaid  were  passed,  and  causing  the  same  to  be  recorded  in  said  office. 

SEC.  11.  If  at  any  time  the  corporation  hereby  created  shall  fail  substantially 
to  carry  out  the  provisions  and  requirements  of  this  act,  the  supreme  court  of  this 
State  may,  at  any  stated  session  thereof,  having  first  given  due  notice  to  said  cor- 
poration, annul  and  vacate  this  charter,  and  in  such  case,  or  in  case  said  corpora- 
tion shall  otherwise  be  dissolved,  said  supreme  court  may,  on  application,  order 
and  decree  that  the  income  thereafter  to  be  derived  from  the  proceeds  of  the  sale 
of  said  land  scrip,  in  the  hands  of  the  State  treasurer  as  aforesaid,  together  with 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  205 

such  amount  as  may  have  been  paid  over  by  said  treasurer  f  r  the  purpose  of  an 
experimental  farm, 'shall  revert  to  said  Vermo-it  Agricultural  College,  and  all  the 
other  property  and  effects  which  at  the  time  of  said  union  belonged  to  said  other 
institution  shall  revert  to  and  be  the  property  of  th?  other  institution  or  institu- 
tions which  shall  have  been  united  and  incorporated  by  or  in  pursuance  of  this 
act,  and  in  caee  more  than  one  such  other  institution  shall  have  been  thus  united, 
such  other  property  shall  revert  to  them  separately,  such  specific  property  to  each, 
as  said  court  shall  adjudge  and  decree,  having  reference  in  making  such  decree 
to  what  was  originally  owned  or  contributed  by  each:  Provided,  That  in  respect 
to  any  property  or  funds  hereafter  acquired  by  said  new  corporation,  by  gift, 
grant,  bequest,  or  otherwise,  the  same  shall  be  awarded  and  distributed  to  each 
of  the  institutions  hereby  incorporated  or  hereafter  united,  in  such  manner  as 
said  court  shall  deem  just  and  equitable,  having  reference  to  the  manner  the  same 
was  acquired,  and  to  any  specific  trusts  or  expressed  intention  of  any  donors 
made  at  the  time  the  same  was  acquired.  And  for  the  purposes  aforesaid,  as  well 
as  for  all  other  purposes,  the  said  several  corporations  which  shall  have  been 
united  by  virtue  of  this  act  shall  be  deemed  anl  treated  as  having  continued  in 
life,  and  the  several  trustees  which  shall  have  been  elected  by  each  at  the  time 
they  were  united,  and  their  successors,  shall  be  deemed  and  treated  to  have  been, 
since  the  time  of  their  elections,  the  trustees  of  their  respective  institutions  as 
well  as  trustees  of  the  united  corporation,  and,  as  such  trustees,  may  receive  the 
property  and  effects  which  may  revert  to  their  respective  corporations  by  such 
decree  of  court,  and  they  and  their  successors  whom  they  may  thereafter  appoint 
may  continue  and  manage  the  affairs  of  their  respective  corporations  thereafter 
in  the  same  manner  as  the  trustees  of  each  might  have  done  before  they  were 
united  as  aforesaid. 

Si-.c.  12.  This  act  shall  take  effect  whenever  the  two  corporations  hereby  united 
shall,  at  a  meeting  duly  warned,  vote  to  accept  the  same  and  to  surrender  and 
relinquish  to  the  corporation  hereby  created  all  the  property  belonging  to  them, 
whether  real  or  personal,  and  all  the  rents,  profits,  and  income  therefrom  arising, 
including  said  proceeds  from  the  sale  of  said  land  scrip,  for  the  purpose  and  sub- 
ject to  all  the  rights,  trusts,  and  conditions  as  in  this  act  provided;  and  it  shall 
be  the  duty  of  each  of  said  corporations  to  cause  a  copy  of  the  record  of  such 
votes,  duly  certified  by  the  secretaries  of  their  respective  corporations,  to  be  left 
for  record  and  duly  recorded  in  the  office  of  the  secretary  of  state;  whereupon,  by 
virtue  of  snch  votes,  such  property,  rents,  profits,  and  income  shall  become  the 
property  of  the  corporation  hereby  created  for  the  purposes  and  subject  to  the 
rights,  trusts,  and  conditions  aforesaid,  and  said  property,  and  the  property  here- 
after acquired  by  the  corporation  hereby  created,  shall  be  subject  to  all  the  con- 
ditions, immunities,  and  exemptions  now  pertaining  to  the  property  held  by  said 
University  of  Vermont.  (November  9,  1865.) 

Acts  anil  Resolves,  1866,  public  act  No.  97:  SECTION  1.  The  treasurer  of  the  State 
is  hereby  directed  to  pay  to  the  treasurer  of  the  corporation  of  the  University  of 
Vermont  and  State  Agricultural  College,  semiannually.  on  the  1st  day  of  Decem- 
ber and  the  1st  day  of  June,  on  the  warrant  of  the  auditor,  countersigned  by  the 
governor,  for  the  purpose  mentioned  in  the  act  [of  November  9,  1865,  above]  of 
which  this  is  an  amendment,  the  interest  or  income  which  may  be  received  from 
the  fund  created  under  and  by  virtue  of  the  act  of  Congress  referred  to  in  the  said 
act  of  incorporation.  (November  15,  1866.) 

Acts  and  Resolves,  1878,  public  act  No.  50:  SECTION  1.  Any  ten  or  more  male 
citizens  of  this  State  who  shall  claim  that  the  University  of  Vermont  and  State 
Agricultural  College  has  failed  to  carry  out  the  provisions  and  requirements  of  its 
charter  may  commence  proceedings  to  have  the  same  inquired  into  and  determined 
by  the  supreme  court,  by  a  written  complaint  addressed  to  the  supreme  court, 
which  complaint  shall  be  verified  by  the  oath  of  one  of  said  complainants,  and  said 
complainants  shall  enter  a  recognizance  for  the  payment  of  costs  to  the  defendant 
corporation  in  case  costs  shall  be  adjudged  on  failure  of  prosecution.  Said  com- 
plaint shall  set  forth  substantially  the  particulars  in  which  such  alleged  failure  on 
the  part  of  said  corporation  consists,  which  complaint  may  be  presented  to  the 
supreme  court  whenever  in  session  or  to  any  judge  of  the  supreme  court  at  any 
time,  which  said  court  or  judge  may  make  all  proper  orders  for  the  giving  of  notice 
of  such  complaint  to  said  corporation;  for  the  making  of  answer  to  such  com- 
plaint; for  taking  the  testimony,  by  deposition  or  otherwise;  for  the  time  and 
place  of  hearing  the  cause,  and  for  all  other  matters  necessary  to  bring  such  cause 
to  issue,  hearing,  and  determination  in  the  supreme  court  at  the  earliest  practi- 
cable day. 

SEC.  2.  Such  judge  or  court  may  make  such  complaint  returnable  to  any  term 
of  the  supreme  court,  wherever  sitting,  and  the  court  may  transfer  said  cause 


206  EDUCATION  REPORT,  1903. 

from  county  to  county  for  the  purpose  of  securing  a  more  speedy  hearing  and 
determination  thereof. 

SEC.  3.  The  court  in  such  case  may  make  all  necessary  and  proper  orders  for  per- 
fecting and  carrying  out  its  judgments  and  orders  and  may  enforce  its  orders  by 
execution  and  by  process  for  contempt,  and  all  questions  of  costs  shall  be  in  the 
discretion  of  the  court.  (November  20, 1878.) 

Acts  and  Resolves,  1886,  public  act  No.  73:  SECTION  1.  For  the  promotion  of 
scientific  and  practical  agriculture  and  for  preventing  frauds  and  adulterations  in 
commercial  fertilizers,  foods,  feeding  stuffs,  seeds,  and  commercial  products  there 
is  hereby  established  a  State  agricultural  experiment  station  in  connection  with 
and  under  the  control  of  the  University  of  Vermont  and  State  Agricultural  Col- 
lege. (November  24,  1886.) 

Acts  and  Resolves,  1888,  No.  260:  SECTION  1.  In  pursuance  of  the  objects  set 
forth  in  the  charter  of  the  University  of  Vermont  and  State  Agricultural  College 
the  auditor  of  accounts  is  hereby  authorized  and  directed  to  draw  his  order  on  the 
State  treasurer  in  favor  of  the  treasurer  of  said  University  of  Vermont  and  State 
Agricultural  College  (upon  the  warrant  of  the  governor)  semiannually  on  the  1st 
days  of  December  and  June  [for]  the  sum  of  $3,200  [$3,000?]  for  the  period  of  four 
years  from  December  1, 1888,  at  which  date  said  first  semiannual  payment  shall  be 
made,  until  December  1,  1892,  inclusive  (of  which  sum  of  $6,000  per  annum,  the 
sum  of  $3,600  shall)  be  expended  by  the  said  the  Uni verity  of  Vermont  and  State 
Agricultural  College  (in  providing  competent  instruction  in  said  institution  in 
branches  of  learning  related  to  the  industrial  arts,  and  the  sum  of  $2,400)  in  paying 
the  tuition  and  incidental  college  charges  of  30  students  therein,  one  of  whom  shall 
be  designated  and  appointed  by  each  senator  in  the  general  assembly,  such  appoint- 
ment to  be  made  by  such  senator  from  his  respective  county,  provided  any  suit- 
able candidate  shall  apply  therefor;  otherwise,  from  any  county  in  the  State,  and 
all  vacancies  in  such  appointments  shall  be  filled  by  the  senator  who  made  the 
appointment  vacated,  or  by  his  successor  in  office;  said  appointments  to  be  made 
in  the  month  of  June  preceding  the  commencement  of  the  college  course  of  the 
student  so  appointed,  and  whenever  any  such  vacancy  shall  occur.  *  *  * 

SEC.  2.  Whenever  any  senator  from  any  county  shall  fail  to  make  an  original 
appointment  or  to  fill  any  vacancy  among  such  appointed  students  which  he  is 
authorized  to  make  or  fill  by  section  1  of  this  act,  after  one  month's  notice  of  his 
right  so  to  do  from  the  president  of  said  University  of  Vermont  and  State  Agri- 
cultural College,  the  trustees  of  that  institution  may  make  such  appointment  or 
fill  such  vacancy  by  appointment  from  that  county  if  there  are  any  applicants 
therefrom  who  shall  pass  the  examination  required  by  the  rules  of  said  institu- 
tion, and  if  not,  then  from  any  county  in  the  State.  (November  27,  1888.) 

Acts  and  Resolves,  1888,  No.  162:  The  assent  of  the  general  assembly  of  the 
State  of  Vermont  be,  and  hereby  is,  given  to  the  purposes  of  the  grants  made  in 
said  act  [of  Congress  of  March  2, 1887] ,  and  the  action  hitherto  taken  by  the  trustees 
of  the  University  of  Vermont  and  State  Agricultural  College  in  organizing  and 
conducting  an  agricultural  experiment  station  in  connection  with  the  said  Uni- 
versity of  Vermont  and  State  Agricultural  College  is  hereby  ratified  and  con- 
firmed, and  the  said  trustees  are  hereby  authorized  to  continue  to  conduct  the  said 
agricultural  experiment  station  in  accordance  with  the  terms  and  conditions 
expressed  in  the  act  of  Congress  aforesaid. 

Acts  and  Resolves,  1890,  No.  78:  SECTION  1.  The  assent  of  the  general  assembly 
of  the  State  of  Vermont  be,  and  hereby  is,  given  to  the  purposes  of  the  grants  of 
moneys  authorized  by  said  act  of  Congress  approved  August  30,  1890.  (Novem- 
ber 19,  1890.) 

Acts  and  Resolves,  1892,  No.  25:  SECTION  1.  [Repeats  practically  the  provisions 
of  section  1  of  the  act  of  November  27, 1888,  appropriating  $6, 000  per  annum  to  the 
University  of  Vermont  and  State  Agricultural  College.] 

*  *  *  *  *  #  * 

SEC.  4.  Senators  from  any  county  shall  in  their  appointment  of  candidates  for 
scholarships  in  the  University  of  Vermont  and  State  Agricultural  College  give 
preference  to  candidates  for  the  agricultural  and  industrial  department;  but  if, 
at  any  time,  there  are  not  thirty  suitable  applicants  for  said  department,  then  said 
senators  may  appoint  to  any  other  department  of  said  college.  (November  4, 1892.) 

Acts  and  Resolves,  1898,  No.  31:  SECTION  1.  All  appointments  of  students  here- 
tofore made  and  designated  by  the  senators  in  the  general  assembly  *  *  * 
shall  expire  in  June,  1899. 

SEC.  2.  Each  senator  in  the  general  assembly  shall  biennially  designate  and 
appoint  one  student  to  [the  University  of  Vermont  and  State  Agricultural  Col- 
lege] ,  and  the  scholarship  thus  created  shall  be  for  the  period  of  two  years.  Vacan- 


LAWS    EELATING    TO    LAND-GKANT    COLLEGES.  207 

cies  in  sucli  scholarships  shall  be  filled  by  the  senators  who  made  the  appointment 
vacated,  or  by  his  successor  in  office. 

SEC.  3.  If  any  senator  shall  have  failed  to  appoint  to  said  scholarship  before  the 
beginning  of  the  school  year  next  following  the  expiration  of  the  appointment 
made  by  his  predecessor,  after  notice  by  the  officers  of  said  institution  of  such 
expiration  and  vacancy,  the  officers  of  said  institution  are  authorized  to  designate 
and  appoint  a  student  to  such  scholarship.  (November  21,  1898.) 


VIRGINIA. 

[The  following  matter  is  taken  from  The  Code  of  Virginia,  1887  (Richmond,  Va.,  1887),  and  the 
Supplement  to  the  Code  of  Virginia,  1898  (Richmond,  Va.,  1898).] 

SEC.  1586.  The  general  assembly  having  accepted  the  donation  of  lands  prof- 
fered to  Virginia  by  the  act  of  Congress  of  July  2,  1862,  with  the  conditions  and 
provisions  therein  contained,  and  the  authorities  of  the  State  having  received 
from  the  Government  of  the  United  States  the  land  scrip  she  was  entitled  to 


set  apart  and  to  constitute  an  education  fund,  the  annual  interest  whereof  was  to 
be  apportioned  as  follows,  that  is  to  say,  one-third  thereof  to  the  Hampton  Nor- 
mal and  Agricultural  Institute  and  two-thirds  thereof  to  the  Preston  and  Olin 
Institute  on  certain  conditions  in  said  act  of  March  19, 1872,  named,  one  of  which 
was  that  the  name  of  the  said  Preston  and  Olin  Institute  should  be  changed  to 
the  Virginia  Agricultural  and  Mechanical  College,  which  has  been  done  accord- 
ingly; and  the  general  assembly  having,  by  act  of  February  26, 1877,  directed  the 
bonds  aforesaid  to  be  turned  over  to  the  second  auditor,  who  was  required  in  lieu 
of  the  same  to  substitute  a  statement  prepared  and  signed  in  duplicate  by  the 
treasurer  and  countersigned  by  the  second  auditor  showing  the  number,  size,  and 
character  of  said  bonds,  with  the  amount  of  interest  due  on  them  severally,  which 
statement  was  to  have  all  the  validity  and  force  of  the  bonds  themselves,  and  that 
the  accruing  interest  should  be  paid  in  accordance  with  the  acts  already  referred 
to.  all  of  which  has  been  done,  all  of  said  acts  and  the  proceedings  of  the  State 
officers  thereunder  are  recognized  as  valid  and  binding.  And  it  being  deemed 
advisable  to  add  to  the  name  of  the  said  college  the  words  "  and  Poly technic  Insti- 
tute," so  that  said  college  shall  hereafter  be  known  as  the  Virginia  Agricultural 
and  Mechanical  College  and  Polytechnic  Institute,  it  is  enacted  that  the  annual 
accruing  interest  as  aforesaid  shall  continue  to  be  paid  until  otherwise  provided 
by  law  as  follows,  that  is  to  say:  One-third  thereof  to  the  Hampton  Normal  and 
Agricultural  Institute,  in  the  county  of  Elizabeth  City,  and  two-thirds  to  the 
board  of  visitors  of  the  Virginia  Agricultural  and  Mechanical  College  and  Poly- 
technic Institute,  in  the  county  of  Montgomery,  on  the  conditions  prescribed  as 
aforesaid.  (1871-72,  1872-7;*,  1805-96.) 

Si-v.  1-")S7.  A  number  of  students  equal  to  twice  the  number  of  members  of  the 
house  of  delegates,  to  be  apportioned  in  the  same  manner,  shall  have  the  privilege 
of  attending  said  college  without  charge  for  tuition,  use  of  laboratories,  or  public 
buildings,  to  be  selected  by  the  school  trustees  of  the  respective  counties,  cities, 
and  election  districts  for  said  delegates,  with  reference  to  the  highest  proficiency 
and  good  character,  from  the  white  male  students  of  the  free  schools  of  their 
respective  counties,  cities,  and  election  districts,  or,  in  their  discretion,  from  oth- 
ers than  those  attending  said  free  schools.  (1877-78.) 

SEC.  1588.  If  at  any  time  the  said  annuity  should  be  withdrawn  from  the  said 
college,  the  property,  real  and  personal,  conveyed  and  appropriated  to  its  use  and 
benefit  by  the  trustees  of  the  Preston  and  Olin  Institute  and  by  the  county  of 
Montgomery  shall  revert  to  the  said  trustees  and  to  the  said  county,  respectively, 
from  which  it  was  conveyed  and  appropriated.  (1871-72.) 

SEC.  1589.  The  curriculum  of  the  said  college  shall  embrace  such  branches  of 
learning  as  relate  to  agriculture  and  the  mechanic  arts,  without  excluding  other 
scientific  and  classical  studies,  and  including  military  tactics.  (1871-72.) 

SEC.  1590.  The  said  students,  privileged  to  attend  the  college  without  charge  for 
tuition,  use  of  laboratories,  or  public  buildings,  shall  continue  to  be  selected  for 
the  period  of  two  years:  Provided,  That,  on  the  recommendation  of  the  faculty  of 
the  said  college  for  more  than  ordinary  diligence  and  proficiency,  any  student 
so  selected  may  be  continued  by  the  said  board  of  visitors  for  a  longer  period. 
(187.1-73.) 


208  EDUCATION   EEPOBT,  1903. 

SEC.  1591.  The  governor,  by  and  with  the  advice  and  consent  of  the  senate,  shall 
appoint  eight  persons,  from  farmers,  mechanics,  and  graduates  of  said  college,  as 
visitors  of  said  college,  selecting,  if  practicable, two  from  each  of  the  four  grand  divi- 
sions of  the  State.  Their  term  of  office  shall  be  for  four  years.  The  present 
division  into  two  classes,  designated  as  the  first  class  and  second  class,  each  com- 
posed of  four  visitors,  shall  continue,  and  when  and  as  the  terms  of  office  of  the 
present  members  of  each  class  shall  expire  the  governor  shall  then  and  annually 
thereafter,  by  and  with  the  advice  and  consent  of  the  senate,  appoint  successors 
to  those  whose  terms  have  expired.  If  a  vacancy  occur  during  the  recess  of  the 
general  assembly,  the  governor  shall  fill  it  by  appointment  for  the  unexpired  term 
of  the  late  incumbent,  subject  to  the  ratification  of  the  senate  at  the  next  session 
of  the  general  assembly.  The  eight  persons  so  appointed,  together  with  the  super- 
intendent of  public  instruction,  who  shall  be  ex  officio  member,  shall  constitute 
the  board  of  visitors.  (1879-80, 1889-90,  1891-92.) 

SEC.  1592.  The  said  corporation  shall  be  and  remain  a  corporation  under  the 
name  and  style  of  the  board  of  visitors  of  the  Virginia  Agricultural  and  Mechan- 
ical College  and  Polytechnic  Institute,  and  shall  at  all  times  be  under  the  control 
of  the  general  assembly.  All  acts  and  parts  of  acts  relating  to  the  Virginia  Agri- 
cultural and  Mechanical  College  or  to  the  board  of  visitors  of  the  Virginia  Agricul- 
tural and  Mechanical  College  shall  be  construed  as  relating  to  the  Virginia  Agri- 
cultural and  Mechanical  College  and  Polytechnic  Institute  or  the  board  of  visitors 
of  the  Virginia  Agricultural  and  Mechanical  College  and  Polytechnic  Institute. 
(1872-73,  1895-96.) 

SEC.  1593.  The  board  of  visitors  shall  appoint  from  their  own  body  a  rector, 
who  shall  preside  at  their  meetings,  and,  in  his  absence,  a  president  pro  tempore. 
They  shall  also  appoint  a  clerk  to  the  board.  A  majority  of  the  board  shall  con- 
stitute a  quorum.  (1871-72.) 

SEC.  1594.  If  any  visitor  fails  to  perform  the  duties  of  his  office  for  one  year, 
without  good  cause  shown  to  the  board,  the  said  board  shall,  at  the  next  meeting 
after  the  end  of  such  year,  cause  the  fact  of  such  failure  to  be  recorded  in  the 
minutes  of  their  proceedings,  and  certify  the  same  to  the  governor,  and  the  office 
of  such  visitor  shall  thereupon  be  vacant.  If  so  many  of  such  visitors  fail  to  per- 
form their  duties  that  a  quorum  thereof  do  not  attend  for  a  year,  upon  a  certifi- 
cate thereof  being  made  to  the  governor  by  the  rector  or  any  member  of  the  board, 
or  by  the  chairman  of  the  faculty,  the  offices  of  all  the  visitors  failing  to  attend 
shall  be  vacant.  ( 1871-72. ) 

SEC.  1595.  The  said  board  shall  meet  at  Blacksburg,  in  the  county  of  Montgom- 
ery, at  least  once  a  year,  and  at  such  other  times  or  places  as  they  shall  determine, 
the  days  of  meeting  to  be  fixed  by  them.  Special  meetings  of  the  board  may  be 
called  by  the  governor,  the  rector,  or  any  three  members.  In  either  of  said  cases 
notice  of  the  time  and  place  of  meeting  shall  be  given  to  every  other  member. 
(1871-72.) 

SEC.  1596.  The  said  board  shall  be  charged  with  the  care  and  preservation  of  the 
property  belonging  to  the  college.  They  shall  appoint  as  many  professors  as  they 
deem  proper,  and,  with  the  assent  of  two-thirds  of  the  members  of  the  board,  may 
remove  any  professor  or  other  officer  of  the  college.  They  shall  prescribe  the 
duties  of  each  professor  and  the  course  and  mode  of  instruction.  They  shall 
appoint  a  president  of  the  college,  and  may  employ  such  agents  or  servants  as  may 
be  necessary;  they  shall  regulate  the  government  and  discipline  of  the  students; 
and  generally,  in  respect  to  the  government  of  the  college,  may  make  such  regu- 
lations as  they  deem  expedient,  not  contrary  to  law.  Such  reasonable  expenses  as 
the  visitors  may  incur  in  the  discharge  of  their  duties  shall  be  paid  out  of  the 
funds  of  the  college.  (1871-72,  1879-80. ) 

SEC.  1597.  Each  professor  shall  receive  a  stated  salary,  to  be  fixed  by  the  board  of 
visitors,  and  the  board  shall  fix  the  fees  to  be  charged  for  tuition  of  students  other 
than  those  allowed  under  this  chapter  to  attend  the  college  free  of  tuition,  which 
shall  be  a  credit  to  the  fund  of  the  college.  ( 1871-72. ) 

SEC.  1598.  A  portion  of  the  fund  [received  under  the  act  of  July  2,  1862],  not 
exceeding  10  per  cent  of  the  proportion  assigned  to  the  said  college  and  the  said 
institute  may  be  expended,  in  the  discretion  of  the  boards  of  visitors  of  the  said 
institutions,  respectively,  in  the  purchase  of  lands  for  experimental  farms  for 
each  of  them;  and  a  portion  of  the  accruing  interest  may  be,  from  time  to  time, 
expended  by  the  respective  boards  in  the  purchase  of  laboratories  suitable  and 
appropriate  for  the  said  institutions.  (1871-72.) 

SEC.  1599.  The  agricultural  experimental  station  established  at  the  said  college 
shall  be  continued,  the  same  to  be  maintained  by  such  appropriations  as  the  Con- 
gress of  the  United  States  may  make  for  the  purpose.  (1885-86.) 

SEC.  1600.  The  board  shall  require  the  treasurer,  or  officer  in  whose  hands  the 


LAWS    KELATING    TO    LAND-GRANT    COLLEGES.  209 

funds  of  the  college  may  be  placed,  to  give  bond  in  double  the  amount  of  the 
annual  income  of  the  college,  payable  to  the  Commonwealth,  with  condition  for 
the  faithful  discharge  of  the  duties  of  his  office,  which  bond,  being  approved  by 
the  board  and  entered  at  large  on  its  journal,  shall  be  transmitted  to  the  auditor 
of  public  accounts  and  remain  filed  in  his  office.  (1872-73.) 

SEC.  1601.  It  shall  be  lawful  for  the  board  to  accept  the  subscription  of  any 
county  made  under  an  act  to  authorize  subscriptions  in  aid  of  the  said  college, 
approved  March  21, 1872,  and  also  the  donation  of  any  individual  in  aid  of  the 
purposes  and  objects  of  said  college;  and  such  donations  and  subscriptions,  when 
made,  shall  be  held  by  said  board  in  trust  for  the  benefit  of  said  college,  on  con- 
dition that  the  same  shall  revert  to  the  several  donors  or  subscribers,  pari  passu, 
if  at  any  time  the  State  of  Virginia  should  withdraw  from  the  use  of  the  said  col- 
lege the  interest  accruing  on  the  proceeds  of  the  land  scrip,  as  provided  in  this 
chapter.  (1871-72.) 

SEC.  1602.  The  said  appropriation  to  the  Hampton  Normal  and  Agricultural 
Institute  is  upon  condition  that  the  trustees  thereof  shall  continue  to  maintain 
and  support  therein  one  or  more  schools  or  departments  wherein  the  leading 
object  shall  be  instruction  in  such  branches  of  learning  as  relate  especially  to  agri- 
culture, the  mechanic  arts,  and  military  tactics.  On  January  1, 1889,  and  on  Jan- 
nary  1  in  every  fourth  year  thereafter,  the  governor  shall  appoint  six  persons,  citi- 
zens of  the  Commonwealth,  three  of  whom  shall  be  of  African  descent,  as  curators 
of  the  fund  appropriated  as  aforesaid  to  the  said  institute.  The  present  curators, 
unless  sooner  removed,  shall  continue  in  office  until  January  1,  1889. 

SEC.  1603.  The  trustees  of  said  institute  may  select  not  less  than  100  students, 
with  reference  to  their  character  and  proficiency,  from  the  colored  free  schools  of 
the  State,  who  shall  have  the  privilege  of  attending  the  said  institute  on  the  same 
terms  that  State  students  are  allowed  to  attend  the  agricultural  and  mechanical 
college,  under  section  1590.  (1871-72.) 

SEC.  1604.  The  curators  of  the  said  institute  shall  appoint  a  treasurer,  who  may 
be  allowed  a  reasonable  compensation,  and  who  shall  be  required  to  enter  into 
bond,  payable  to  the  Commonwealth,  in  a  penalty  at  least  double  the  amount  of 
the  annual  income  which  may  arise  from  the  proceeds  of  the  land  scrip  appor- 
tioned to  said  institute,  and  with  condition  for  the  faithful  discharge  of  the  duties 
of  his  office.  (1872-73.) 

SEC.  1605.  The  board  of  education  shall  pay  and  turn  over  to  the  said  treasurer 
for  the  said  institute  and  to  the  board  of  visitors  of  the  Virginia  Agricultural  and 
Mechanical  College  all  funds  received  by  them  for  the  use  and  benefit  of  said 
institutions,  respectively;  and  the  second  auditor  shall  draw  on  the  public  treasury 
in  favor  of  the  said  treasurer  and  board  of  visitors,  respectively,  from  time  to 
time,  until  otherwise  ordered,  for  the  same  rate  of  interest  as  may  be  paid  by  act 
of  the  general  assembly  to  other  incorporated  colleges  or  seminaries  of  learning  in 
this  State  on  all  bonds  of  the  Commonwealth,  or  bonds  guaranteed  by  the  Com- 
monwealth, hold  by  or  for  such  institutions.  (1872-7:;. ) 

SEC.  1606.  An  annual  report  shall  be  made  by  the  president  of  each  of  said  insti- 
tutions, after  the  close  of  each  collegiate  year,  to  the  board  of  visitors  of  the  con- 
dition of  each  institution,  its  receipts  and  disbursements  during  the  preceding 
year,  the  amount  of  salary  paid  to  each  professor,  the  amount  received  in  tuition 
fees  from  pay  students,  any  improvements  and  experiments  made,  with  their 
costs  and  results,  and  such  other  matters,  including  State,  industrial,  and  econom- 
ical statistics,  as  may  be  supposed  useful;  a  copy  of  which  shall  be  furnished  to 
the  superintendent  of  public  instruction,  to  be  laid  before  the  general  assembly  at 
its  next  regular  session.  (1871-72.) 

SKC.  1607.  The  general  assembly  reserves  to  itself  the  power,  at  any  time,  to 
repeal  or  alter  any  provisions  of  this  chapter  and  to  withdraw  from  either  of  said 
institutions  the  whole  or  any  part  of  the  appropriations  made  to  them.  (1871-72. ) 

Laws,  1887-88,  chapter  284:  SECTION  1.  The  State  of  Virginia  hereby  assents  to 
the  grants  of  money  made  by  and  in  accordance  with  the  act  of  Congress  approved 
March  2,  1887,  and  accepts  the  same,  subject  to  the  conditions  and  pro  visions  of 
said  act. 

SEC.  2.  The  board  of  visitors  of  the  Virginia  Agricultural  and  Mechanical  Col- 
lege, at  Blacksburg,  at  which  an  agricultural  experiment  station  has  already  been 
established,  is  authorized  and  empowered  to  establish  in  connection  with  said  sta- 
tion such  branch  stations  at  such  places  as  in  the  discretion  of  said  board  of  vis- 
itors they  may  deem  proper,  subject  to  the  approval  of  the  governor.  (February 
29,  1888.) 

Laws,  1893-94,  chapter  347:  SEC.  2.  The  State  of  Virginia  hereby  assents  to  the 
grants  of  money  made  under  and  in  accordance  with  the  act  of  Congress  aforesaid, 

ED  19Q3 14 


210  EDUCATION    EEPOET,   1903. 

approved  August  30,  1890,  and  accepts  the  same;  and  the  legislature  of  Virginia 
proposes  and  reports  to  the  honorable  Secretary  of  the  Interior  of  the  United 
States  that  hereafter  the  funds  to  be  paid  to  this  State,  under  said  act,  be  appor- 
tioned between  the  said  institutions  in  the  following  ratio,  viz:  One-third  thereof 
to  the  Hampton  Normal  and  Agricultural  Institute  and  two-thirds  to  the  Virginia 
Agricultural  and  Mechanical  College. 

SEC.  3.  The  auditor  of  public  accounts  shall  receive  from  the  Secretary  of  the 
Interior  such  sums  of  money  as  shall  be  allotted  to  Virginia,  and  pay  over  the  same 
in  the  proportion  aforesaid  to  the  treasurer  of  the  Hampton  Normal  and  Agricul- 
tural Institute  and  to  the  treasurer  of  the  Virginia  Agricultural  and  Mechanical 
College,  who  shall  receive  and  disburse  the  same  as  required  by  section  2  of  the 
act  of  Congress  aforesaid.  (February  23,  1894.) 


WASHINGTON. 

Constitution  (1889),  article  9:  SECTION  1.  It  is  the  paramount  duty  of  the  State 
to  make  ample  provision  for  the  education  of  all  children  residing  within  its  bor- 
ders, without  distinction  or  preference  on  account  of  race,  color,  caste,  or  sex. 

SEC.  2.  The  legislature  shall  provide  for  a  general  and   uniform  system  of 

Eublic  schools.  The  public  school  system  shall  include  common  schools  and  such 
igh  schools,  normal  schools,  and  technical  schools  as  may  hereafter  be  estab- 
lished. *  *  * 

SEC.  4.  All  schools  maintained  or  supported  wholly  or  in  part  by  the  public 
funds  shall  be  forever  free  from  sectarian  control  or  influence. 

SEC.  5.  All  losses  to  the  permanent  common  school  or  any  other  State  educa- 
tional fund  which  shall  be  occasioned  by  defalcation,  mismanagement,  or  fraud 
of  the  agents  or  officers  controlling  or  managing  the  same  shall  be  audited  by  the 
proper  authorities  of  the  State.  The  amount  so  audited  shall  be  a  permanent 
funded  debt  against  the  State  in  favor  of  the  particular  fund  sustaining  such  loss, 
upon  which  not  less  than  6  per  cent  annual  interest  shall  be  paid. 

[The  following  matter  is  taken  from  Ballinger's  Annotated  Codes  and  Statutes  of  Washing- 
ton, showing  all  Statutes  in  Force,  including  the  Session  Laws  of  1897,  by  Hon.  Richard  A.  Bal- 
linger.  2  vols.  Seattle  and  San  Francisco,  1897.] 

SEC.  2512.  The  State  Agricultural  College,  Experiment  Station,  and  School  of 
Science  of  the  State  of  Washington,  as  heretofore  located  [act  of  March  9,  1891] 
at  Pullman,  Whitman  County,  shall  be  an  institution  of  learning  open  to  the 
children  of  all  residents  of  this  State,  and  to  such  other  persons  as  the  board  of 
regents  may  determine,  under  such  rules  and  regulations  as  may  be  prescribed  by 
the  board  of  regents;  shall  be  nonsectarian  in  character,  and  devoted  to  practical 
instruction  in  agriculture,  mechanic  arts,  and  natural  sciences  connected  there- 
with, as  well  as  a  thorough  course  of  instruction  in  all  branches  of  learning  upon 
agricultural  and  other  industrial  pursuits.  (1891,  1897.) 

SEC.  2513.  The  governor  of  the  State  of  Washington,  the  superintendent  of  pub- 
lic instruction,  members  of  the  legislature,  and  county  commissioners  shall  be 
ex  officio  visitors  of  said  college.  But  said  visitors  shall  have  no  power  granted  to 
control  the  action  of  the  board  of  regents  or  to  negative  its  duties  as  denned  by 
law.  (1890,  1897.) 

SEC.  2514.  The  course  of  instruction  of  said  college  shall  embrace  the  English 
language,  literature,  mathematics,  philosophy,  civil  and  mechanical  engineering, 
chemistry,  animal  and  vegetable  anatomy  and  physiology,  veterinary  art,  ento- 
mology, geology,  political  economy,  rural  and  household  economy,  horticulture, 
moral  philosophy,  history,  mechanics,  and  such  other  courses  of  instruction  as 
shall  be  prescribed  by  the  board  of  regents.  One  of  the  objects  of  said  college 
shall  be  to  train  teachers  of  physical  science,  and  thereby  further  the  application  of 
the  principles  of  physical  science  to  industrial  pursuits;  to  collect  information  as 
to  schemes  of  technical  instruction  adopted  in  other  parts  of  the  United  States 
and  in  foreign  countries,  and  to  hold  farmers'  institutes  at  such  times  and  places 
and  under  such  regulations  as  the  board  of  regents  may  determine.  (1891,  1897.) 

SEC.  2515.  The  board  of  regents  shall  provide  that  all  instruction  given  in  the  col- 
lege shall,  to  the  utmost  practicable  extent,  be  conveyed  by  means  of  practical  work 
in  the  laboratory,  and  shall  provide  in  connection  with  said  college  the  following 
laboratories:  One  physical  laboratory  or  more,  one  chemical  laboratory  or  more, 
and  one  biological  laboratory  or  more,  and  suitably  furnish  and  equip  the  same. 
Said  board  of  regents  shall  provide  that  all  male  students  shall  be  trained  in  mili- 
tary tactics.  Said  board  of  regents  shall  establish  a  department  of  said  college 


LAWS    DELATING    TO    LAND-GKANT    COLLEGES.  211 

to  be  designated  the  department  of  elementary  science,  and  in  connection  there- 
with provide  instruction  in  the  following  subjects:  Elementary  mathematics 
(including  elementary  trigonometry),  elementary  mechanics,  elementary  and 
mechanical  drawing,  and  land  surveying.  Said  board  of  regents  shall  establish  a 
department  of  said  college  to  be  designated  the  department  of  agriculture,  and  in 
connection  therewith  provide  instruction  in  the  following  subjects: 

First.  Physics,  with  special  application  of  its  principles  to  agriculture. 

Second.  Chemistry,  with  special  application  of  its  principles  to  agriculture. 

Third,  Morphology  and  physiology  of  plants,  with  special  reference  to  the  com- 
monly grown  crops  and  their  fungus  enemies. 

Fourth.  Morphology  and  physiology  of  the  lower  forms  of  animal  life,  with 
special  reference  to  insect  pests. 

Fifth.  Morphology  and  physiology  of  the  higher  forms  of  animal  life,  and  in 
particular  of  the  horse,  cow,  sheep,  and  swine. 

Sixth.  Agriculture,  with  special  reference  to  the  breeding  and  feeding  of  live 
stock  and  the  best  mode  of  cultivation  of  farm  produce. 

Seventh.  Mining  and  metallurgy. 

And  it  shall  appoint  demonstrators  in  each  of  these  subjects  to  superintend  the 
equipment  of  a  laboratory  and  to  give  practical  instruction  in  the  same.  Said 
board  of  regents  shall  establish  an  agricultural  experimental  station  in  connection 
with  the  department  of  agriculture  of  said  college,  appoint  its  officers,  and  pre- 
scribe such  regulations  for  its  management  as  it  may  deem  expedient.  Said  board 
of  regents  may  establish  other  departments  of  said  college  and  provide  courses  of 
instruction  therein  when  those  are,  in  its  judgment,  required  for  the  better  car- 
rying out  of  the  object  of  the  college.  (1890,  1897.) 

SEC.  2516.  The  management  of  said  college  and  experiment  station,  the  care  and 
preservation  of  all  property  of  which  such  institution  shall  become  possessed,  the 
erection  and  construction  of  all  buildings  necessary  for  the  use  of  said  college  and 
station,  and  the  disbursement  and  expenditure  of  all  money  provided  for  by  this 
chapter  shall  be  vested  in  a  board  of  five  regents;  said  five  members  of  the  board 
of  regents  shall  be  appointed  in  the  manner  provided  by  law;  said  regents  and 
their  successors  in  office  shall  have  the  right  of  causing  all  things  to  be  done  neces- 
sary to  carry  out  the  provisions  of  this  chapter.  The  board  of  regents  provided 
for  in  this  chapter  shall  be  appointed  by  the  governor,  by  and  with  the  advice  and 
consent  of  the  senate,  one  for  a  term  of  two  years,  two  for  a  term  of  four  years, 
and  two  for  a  term  of  six  years;  and  each  regent  shall,  before  entering  upon  the 
discharge  of  his  respective  duties  as  such,  execute  a  good  and  sufficient  bond  to 
the  State  of  Washington,  with  two  or  more  sufficient  sureties,  residents  of  the 
State,  in  the  penal  sum  of  not  less  than  $5,000  each,  conditioned  for  the  faithful 
performance  of  his  duties  as  such  regent:  Provided,  That  all  appointments  made 
to  fill  vacancies  caused  by  death,  resignation,  or  otherwise  shall  be  for  the  unex- 
pired  term  of  the  incumbent  whose  place  shall  have  become  vacant.  All  other 
appointments  made  subsequent  to  the  appointment  of  the  first  board  of  regents 
provided  for  in  this  act  shall  be  for  the  term  of  six  years  and  until  the  appoint- 
ment and  qualification  of  a  successor  to  each  appointee:  Provided  further ,  That 
at  least  three  of  the  members  of  the  board  of  regents  so  appointed  shall  be  resi- 
dents of  eastern  Washington  and  one  shall  be  a  resident  of  western  Washington: 
Provided  further ,  That  regents  now  serving  upon  such  board  shall  continue  as 
such  during  tho  term  for  which  they  were  respectively  appointed.  (1891,  1897.) 

SEC.  2517.  The  board  of  regents  of  the  agricultural  college,  experiment  station, 
and  school  of  science  shall  meet  and  organize  by  the  election  of  its  president  and 
treasurer  from  their  own  number  on  the  first  Wednesday  in  April  of  each  year. 
The  person  so  selected  as  treasurer  shall,  before  entering  upon  the  discharge  of 
his  duties  as  such,  execute  a  good  and  sufficient  bond  to  the  State  of  Washington, 
with  two  or  more  sufficient  sureties,  residents  of  the  State,  in  the  penal  sum  of 
not  less  than  $40.000,  conditioned  for  the  faithful  performance  of  his  duties  as 
such  treasurer  and  that  he  will  faithfully  account  for  and  pay  over  to  the  person 
or  persons  entitled  thereto  all  moneys  which  shall  come  into  his  hands  as  such 
officer,  which  bond  shall  be  approved  by  the  governor  of  the  State,  and  shall  be 
filed  with  the  secretary  of  state.  The  president  of  the  college  shall  be  secretary 
of  the  board  of  regents,  and  shall  perfonii  all  the  duties  pertaining  to  that  office, 
but  shall  not  have  the  right  to  vote.  The  secretary  shall,  in  like  manner  as  the 
treasurer,  give  a  bond  in  the  penal  sum  of  not  less  than  $5,000.  conditioned  for  the 
faithful  performance  of  his  duties  as  such  officer.  (1891,  1897.) 

Si  .  'J51S.  The  president  of  said  board  shall  be  the  chief  executive  officer,  shall 
preside  at  all  meetings  thereof  (except  that  in  his  absence  the  board  may  appoint 
a  president  pro  tempore) ,  and  sign  all  instruments  required  to  be  executed  by  said 
board.  The  treasurer  shall  be  the  financial  officer  of  said  board,  shall  keep  a  true 


212  EDUCATION    EEPORT,  1903. 

account  of  all  moneys  received  and  expended  by  him.  The  secretary  shall  be  the 
recording  officer  of  said  board,  shall  attest  all  instruments  required  to  be  signed 
by  the  president,  and  shall  keep  a  true  record  of  all  the  proceedings  of  said  board, 
and  generally  do  all  other  things  required  of  him  by  said  board.  (1891,  1897.) 

SEC.  2519.  The  regents  shall  have  the  power,  and  it  shall  be  their  duty,  to  enact 
laws  for  the  government  of  said  agricultural  college,  experiment  station,  and 
school  of  science:  Provided,  The  board  of  regents  shall  maintain  at  least  one 
experimental  station  in  the  western  portion  of  the  State.  (1891,  1897.) 

SEC.  2520.  The  board  of  regents  shall  direct  the  disposition  of  any  moneys 
belonging  to  or  appropriated  to  the  agricultural  college,  experiment  station,  and 
school  of  science  established  by  this  article,  and  shall  make  all  rules  and  regula- 
tions necessary  for  the  management  of  the  same,  adopt  plans  and  specifications 
for  necessary  buildings,  and  superintend  the  construction  of  said  buildings,  and 
fix  the  salaries  of  professors,  teachers,  and  other  employees,  and  tuition  fees  to  be 
charged  in  said  college.  (1891, 1897.) 

SEC.  2521.  The  agricultural  experiment  station  provided  for  in  this  article  in 
connection  with  said  agricultural  college  shall  be  under  the  direction  of  said 
board  of  regents  of  said  college  for  the  purpose  of  conducting  experiments  in 
agriculture  according  to  the  terms  of  section  1  of  an  act  of  Congress  approved 
March  2, 1887.  *  *  The  said  college  and  experiment  station  shall  be  entitled 
to  receive  all  the  benefits  and  donations  made  and  given  to  similar  institutions  of 
learning  in  other  States  and  Territories  of  the  United  States  by  the  legislation  of 
the  Congress  of  the  United  States  now  in  force  or  that  may  be  enacted,  and  par- 
ticularly to  the  benefits  and  donations  given  by  the  provisions  of  [the  acts  of 
Congress  approved  July  2,  1862,  and  acts  supplementary  thereto,  March  2,  1887, 
and  August  30,  1890].  (1891, 1897.) 

SEC.  2522.  The  assent  of  the  legislature  of  the  State  of  Washington  is  hereby 
given,  in  pursuance  of  the  requirements  of  section  9  of  said  act  of  Congress 
approved  March  2,  1887,  to  the  granting  of  money  therein  made  io  the  establish- 
ment of  experiment  stations  in  accordance  with  section  1  of  said  last-mentioned 
act,  and  assent  is  hereby  given  to  carry  out  within  the  State  of  Washington  every 
provision  of  said  act.  (1891,  1897.) 

SEC.  2523.  The  meetings  of  the  board  of  regents  may  be  called  in  such  manner 
as  the  board  may  prescribe,  and  the  majority  of  said  board  shall  constitute  a 
quorum  for  the  transaction  of  business;  but  a  less  number  may  adjourn  from 
time  to  time.  All  meetings  of  the  said  board  may  be  held  in  the  office  of  the 
college  buildings.  No  vacancy  in  said  board  shall  impair  the  rights  of  the 
remaining  board.  A  full  meeting  of  the  board  shall  be  called  at  least  once  a  year. 
(1891,  1897.) 

SEC.  2524.  Each  member  of  the  board  of  regents  created  by  this  chapter  shall, 
before  entering  upon  his  duties,  take  and  subscribe  an  oath  to  discharge  faithfully 
and  honestly  his  duties  in  the  premises  and  to  perform  strictly  and  impartially 
the  same  to  the  best  of  his  ability.  Said  oath  shall  be  filed  with  the  secretary  of 
state.  (1891,1897.) 

SEC.  2525.  The  regents  shall  be  allowed  their  actual  and  necessary  traveling 
expenses  in  going  to  and  returning  from  all  the  necessary  sessions  of  their  board, 
and  also  their  necessary  expenses  while  in  actual  attendance  upon  the  same. 
(1891,1897.) 

SEC.  2526.  The  board  of  regents  shall,  on  or  before  the  1st  day  of  November  of 
each  year,  make  a  full  and  true  report  in  detail  of  all  their  acts  and  doings  during 
the  previous  year,  their  receipts  and  expenditures,  the  exact  status  of  their  insti- 
tution, and  other  information  they  may  deem  proper  and  useful  or  which  may  be 
called  for  by  the  governor,  which  said  report  shall  be  made  to  the  governor,  who 
shall  transmit  the  same  to  the  succeeding  session  of  the  legislature.  A  copy  of 
said  report  shall  be  furnished  to  the  superintendent  of  public  instruction.  (1891, 
1897.) 

SEC.  2527.  The  treasurer  of  said  board  shall  make  disbursements  of  the  funds 
in  his  hands  on  the  order  of  the  board,  which  order  shall  be  countersigned  by  the 
secretary  of  the  board,  and  shall  state  on  what  account  the  disbursement  is  made. 
(1891,  1897.) 

SEC.  2528.  No  employee  or  member  of  the  board  created  by  this  chapter  shall  be 
interested  pecuniarily,  either  directly  or  indirectly,  in  any  contract  for  any  build- 
ing or  improvements  of  said  institution,  or  for  the  furnishing  of  supplies  for  the 
same.  (1891,  1897.) 

SEC.  2529.  The  governor  of  the  State  shall  be  ex  officio  advisory  member  of  the 
board  provided  for  in  this  chapter,  but  shall  not  have  the  right  to  vote  nor  be 
eligible  to  ofiice  therein.  (1891,  1897.) 

SEC.  2530.  The  board  of  regents  are  hereby  empowered  to  grant  the  usual  aci- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  213 

demic  and  honorary  degrees,  and  to  issue  diplomas  therefor,  npon  the  recommen- 
dation made  by  the  facnlty.  (1895, 1897. ) 

SEC.  2531.  It  shall  be  the  duty  of  the  board  of  regents  herein  provided  for,  as 
soon  after  their  organization  as  practicable,  and  as  soon  as  there  shall  be  an 
appropriation  therefor  in  the  hands  of  the  State  treasurer  in  any  amount  sufficient 
to  warrant  the  beginning  of  the  erection  of  the  several  buildings  herein  provided 
for,  or  any  wing  or  section  of  the  same,  to  enter  into  contracts  with  one  or  more 
contractors  for  the  erection  and  construction  of  such  suitable  buildings  and  im- 
provements for  the  institution  created  by  this  chapter  as  in  their  judgment  shall 
be  deemed  best,  or  the  funds  aforesaid  shall  warrant,  all  things  considered;  such 
contract  or  contracts  to  be  let  after  open  public  notice  and  competition,  under 
such  regulations  as  shall  be  established  by  said  board,  to  the  person  or  persons 
who  offer  to  execute  such  work  on  the  most  advantageous  terms:  Provided,  That 
in  all  cases  said  board  shall  require  from  contractors  a  good  and  sufficient  bond 
for  the  faithful  performance  of  the  work  and  the  full  protection  of  the  State 
against  mechanics'  and  other  liens:  And  provided  further,  That  the  board  shall 
not  have  the  power  to  enter  into  any  contract  for  the  erection  of  any  buildings  or 
improvements  which  shall  bind  said  board  to  pay  out  any  sum  in  excess  of  the 
amount  provided  for  said  purpose.  (1891, 1897.) 

SEC.  2532.  The  board  provided  for  in  this  chapter  shall  have  power  in  their  dis- 
cretion to  employ  skilled  architects  and  siiperintendents  to  prepare  plans  and 
specifications  and  to  supervise  the  construction  of  any  of  the  buildings  provided 
for  in  this  chapter  and  to  fix  the  compensation  for  such  services,  subject  to  the 
provisions  and  restrictions  of  this  art.  (1891,  1897. ) 

SEC.  25:53.  Whenever  there  shall  be  any  money  in  the  hands  of  the  State  treas- 
urer to  the  credit  of  any  of  the  specific  funds  set  apart  for  the  institution  created 
by  this  chapter,  deemed  sufficient  by  the  board  tocommence  the  erection  of  any  of 
the  necessary  buildings  or  improvements  or  to  pay  the  necessary  running  or  other 
expenses  of  said  institution,  the  State  auditor,  on  the  request  in  writing  of  said 
board  shall,  and  it  is  hereby  made  his  duty  to,  draw  his  warrants  in  favor  of  the 
treasurer  of  said  board  and  upon  the  State  treasury  against  the  specific  fund 
belonging  to  said  institution  in  such  sum,  not  exceeding  the  amount  on  hand  in 
such  specific  fund,  at  such  time  as  said  board  may  deem  necessary:  Provided, 
That  said  board  shall  draw  said  money  as  it  may  be  necessary  to  disburse  the  same. 
(1*91,  1H97.) 

Laws,  1895,  chapter  167:  SECTION  1.  [Makes  the  professor  of  veterinary  science 
at  the  agricultural  college  ex  officio  State  veterinarian.] 

Laws,  1899,  chapter  43:  SEC.  !»'•.  The  secretary  of  state,  the  professor  of  agri- 
culture of  the  agricultural  college,  and  the  dairy  commissioner  are  hereby  created 
a  State  board  of  dairy  commissioners  ex  officio.  (March  7,  1899.) 

Lftwi}  1809,  chapter  x-j:  SECTION  1.  The  operation  and  conduct  of  the  agricultural 
experiment  station  heretofore  established  at  Puyallup,  Wash.,  shall  be  under  the 
supervision  and  control  of  the  board  of  regents  of  the  agricultural  college  and 
school  of  science,  and  the  State  auditor  is  hereby  authorized  to  audit  all  claims, 
and,  if  found  correct,  to  issue  warrants  upon  the  State  treasurer  in  payment  of 
bills  duly  authorized  by  said  board  as  provided  by  law,  and  the  State  treasurer  is 
hereby  directed  to  pay  the  same.  (March  13,  1899.) 


WEST  VIRGINIA. 

[The  following  matter  is  taken  from  The  Code  of  West  Virginia  (fourth  edition),  compiled 
by  John  A.  Warth.  Charleston,  1900.] 

Chapter  45:  SEC.  76.  The  Agricultural  College  of  West  Virginia,  located  and 
established  at  Morgan  town,  in  the  county  of  Monongalia,  in  pursuance  of  the  act 
passed  February  7, 1867,  entitled  "An  act  for  the  regulation  of  the  West  Virginia 
Agricultural  College,"  shall  be  and  remain  as  so  established  and  located;  and 
all  the  provisions  of  said  act,  except  so  far  as  the  same  may  be  altered  by  this 
chapter,  shall  remain  in  full  force  and  effect  to  the  same  extent  as  if  this  chapter 
as  amended  had  not  been  passed.  (1872-73,  1881.) 

SEC.  77.  The  name  of  said  college  shall  hereafter  be  "The  West  Virginia 
University,"  by  which  name  it  shall  have  and  hold  all  the  property,  funds,  invest- 
ments, rights,  powers,  and  privileges  now  had  and  held  under  the  name  prescribed 
in  the  above-recited  act.  (1872-73,  1881.) 

SEC.  78  [as  amended  by  Laws,  1901,  chapter  52,  passed  February  18,  1901].  For 
the  government  and  control  of  said  university  there  shall  be  a  board  of  regents 


214  EDUCATION    REPORT,   1903  s 

'consisting  of  nine  persons,  co  be  called  "the  regents  of  the  West  Virginia  Uni- 
versity. ' '  As  such  board  they  may  sue  and  be  sued,  and  have  a  common  seal.  The 
said  board  shall  have  the  custody  and  control  of  the  property  and  funds  of  said 
university,  except  as  otherwise  provided  by  law.  They  shall  have  the  power  to 
accept  from  any  person  or  persons  any  gift,  grant,  or  devise  of  money,  land  or 
other  property  intended  for  the  use  of  the  university,  and  shall,  by  such  acceptance, 
be  trustees  of  the  funds  and  property  which  may  come  into  the  possession  or  under 
the  control  of  said  board  by  such  gift,  grant,  or  devise,  and  shall  invest  and  hold 
such  funds  and  property,  and  apply  the  proceeds  and  property  in  such  manner  as 
the  donor  may  prescribe  by  the  terms  of  his  gift,  grant,  or  devise.  A  majority  of 
said  regents  shall  constitute  a  quorum  for  the  transaction  of  business,  except  that 
for  making  arrangements  for  the  erection  of  buildings  or  the  permanent  altera- 
tion thereof,  or  the  appointment  to  or  removal  from  office  of  professors,  or  fixing 
their  compensation,  or  changing  any  rule  or  regulations  adopted  by  a  majority  of 
the  board,  in  which  case  all  of  the  regents  shall  be  notified  in  writing  by  the  secre- 
tary of  the  board  of  the  meeting  place  and  object  of  the  meeting  proposed  to  be 
held  for  any  of  the  purposes  excepted  in  this  section;  and  the  conference  of  a 
majority  of  the  regents  shall  be  required.  Said  board  of  regents  shall  consist  of 
nine  members,  who  shall  be  residents  and  voters  of  the  State.  The  governor  shall,' 
on  or  before  March  15,  1901,  or  as  soon  thereafter  as  convenient,  appoint  said 
nine  regents,  who  shall  be  divided  into  two  classes,  consisting  of  four  and  five 
regents,  respectively.  The  term  of  office  of  both  classes  shall  begin  on  May  I/ 
1901 ;  and  the  term  of  office  of  the  first  class  shall  continue  for  two  years  and  until 
their  successors  are  appointed  and  qualified,  and  the  term  of  the  second  class  shall 
continue  for  four  years  and  until  their  successors  are  appointed  and  qualified;  and 
thereafter  the  term  of  office  of  each  class  shall  be  for  four  years  and  until  their 
successors  are  appointed  and  qualified.  Any  person  appointed  a  regent  during  the 
recess  of  the  senate  shall  serve  as  such  until  the  next  meeting  of  the  senate.  The 
governor  may  by  appointment  fill  any  vacancy  occurring  in  the  board  for  the 
unexpired  term.  Not  more  than  six  of  said  regents  shall  belong  to  the  same 
political  party,  and  not  more  than  one  shall  be  appointed  from  the  same  senatorial 
district  or  county.  The  term  of  office  of  the  regents  now  in  office  shall  expire  on 
April  30,  1901. 

SEC.  79.  The  board  of  regents  shall  from  time  to  time  establish  such  depart-' 
ments  of  education  in  literature,  science,  art,  agriculture,  and  military  tactics  as 
they  may  deem  expedient,  and  as  the  funds  under  their  control  may  warrant,  and 
purchase  such  materials,  implements,  and  apparatus  as  maybe  requisite  to  proper 
instruction  in  all  said  branches  of  learning,  so  as  to  carry  out  the  spirit  of  the  act 
of  Congress  aforesaid,  approved  July  2,  1862.  (1872-73,  1881.) 

SEC.  80.  The  said  board  shall  establish  and  declare  such  rules  and  regulations 
and  by-laws,  not  inconsistent  with  the  laws  of  this  State  or  of  the  United  States, 
as  they  may  deem  necessary  for  the  proper  organization,  the  tuition  of  students 
and  good  government  of  said  university,  and  the  protection  of  public  property 
belonging  thereto.  They  shall  appoint  a  superintendent  of  buildings  and  grounds, 
a  secretary  for  the  faculty,  and  a  secretary  for  said  board,  and  also  a  treasurer, 
who  shall  be  members  of  the  faculty  of  the  university;  and  the  person  so  appointed 
shall  receive  such  compensation  as  the  board  may  determine,  not,  however,  to 
exceed  $300  per  year.  From  said  treasurer  they  shall  take  a  bond,  with  ample 
security,  conditioned  according  to  law,  for  the  faithful  keeping  and  disposing  of 
such  money  as  is  herein  or  may  be  hereafter  appropriated,  and  such  other  money 
as  may  be  allowed  by  said  board  to  come  into  his  hand  from  time  to  time;  they 
shall  also  settle  with  him  annually  or  oftener  if  they  think  best,  inspect  annually 
all  the  property  belonging  to  said  university  and  make  a  full  report  of  the  condi- 
tion, income,  expenditures,  and  management  of  such  university  annually  to  the 
governor,  to  be  by  him  laid  before  the  legislature.  (1872-73,  1881,  1887,  1899.) 

SEC.  81.  The  board  shall  have  power  to  create  a  preparatory  department  to  said 
university  and  establish  any  other  professorships  than  those  indicted  [indicated] 
heretofore,  if  the  same  be  deemed  essential;  to  fix  the  salaries  of  the  several  pro- 
fessors and  to  remove  them  for  good  cause,  but  in  case  of  removal  the  concurrence 
of  a  majority  of  the  regents  shall  be  required,  and  the  reasons  for  a  removal  shall 
be  communicated  in  a  written  statement  to  the  governor.  (1872-73,  1881.) 

SEC.  82  [as  amended  by  Laws,  1903,  chapter  30].  Besides  prescribing  the  general 
terms  upon  which  students  may  be  admitted,  and  the  course  of  instruction,  the 
regents  are  still  further  empowered  to  admit  as  regular  students  of  the  university 
not  more  than  225  cadets  in  the  military  department.  Each  member  of  the  senate 
shall  be  entitled  to  appoint  one  cadet  from  his  district  on  or  before  June  1  in  the 
second  year  of  his  term  and  one  cadet  on  or  before  June  1  in  the  fourth  year  of 
his  term.  Each  member  of  the  house  of  delegates  shall  be  entitled  to  appoint  one 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  215 

cadet  from  his  county  on  or  before  June  1  next  preceding  the  end  of  his  term.  In 
case  a  cadetship  filled  by  appointment  by  any  member  of  the  legislature  shall 
become  vacant,  the  member  making  the  appointment,  or  his  successor,  shall  fill 
same  by  a  new  appointment  within  the  limits  of  time  aforesaid.  But  110  senator 
or  delegate  shall  appoint  any  cadet  until  he  receives  a  certificate  from  the  presi- 
dent of  the  university  or  the  commandant  of  cadets  giving  him  notice  of  his  right 
to  do  so,  and  he  shall  not  have  the  right  to  exercise  such  power  of  appointment  as 
long  as  two  cadets  are  accredited  to  himself  and  his  predecessor,  either  by  original 
appointment  or  reenlistment.  All  other  cadets  necessary  to  make  up  the  full  com- 
plement of  the  corps  shall  be  appointed  by  the  regents  in  proportion  to  their  num- 
ber, including  vacancies,  if  any,  caused  by  the  failure  of  any  member  of  the  leg- 
islature to  make  his  appointment.  Cadets  shall  not  be  under  16  years  of  age  and 
shall  not  be  over  21  years  of  age.  Their  appointment  shall  be  made  upon 
undoubted  evidence  of  good  moral  character  and  sound  physical  condition.  Their 
term  of  enlistment  of  service  shall  be  two  years,  but  any  cadet  at  the  expiration 
of  his  first  term  shall  be  entitled  to  reenlist  for  the  further  t  ?rm  of  two  years 
upon  giving  notice  of  his  intention  to  the  commandant  of  cad3ts  at  least  thirty 
days  before  the  expiration  of  such  term;  but  not  more  than  15  cadets  shall  be 
appointed  from  any  senatorial  district  and  not  more  than  8  from  any  one  county. 

SEC.  83.  The  cadets  admitted  under  the  preceding  section  shall  be  entitled  to 
all  the  privileges,  immunities,  educational  advantages,  and  benefits  of  the  uni- 
versity free  of  charge  for  admission,  tuition,  books,  and  stationery,  and  shall  con- 
stitute the  public  guard  of  the  university  and  of  the  public  property  belonging 
thereto  and  of  the  ordnance  and  ordnance  stores  and  camp  and  garrison  equipage, 
of  which  a  sufficient  supply  shall  be  kept  in  the  arsenal  belonging  to  the  institu- 
tion. And  the  professors  and  the  students  of  the  university  receiving  instruction  in 
military  tactics  and  the  art  of  war  shall  be  individually  and  collectively  respon- 
sible for  the  preservation  and  safe-keeping  of  all  arms  and  camp  equipage  belong- 
inu  to  said  institution.  (1872-73,  1881.) 

Si.<  .  84  [as  amended  by  Laws,  1901 ,  chapter  1,  approved  February  23, 1901] .  The 
regents  shall  only  be  allowed  the  necessary  expenses  incurred  by  them  in  dis- 
charging their  dirties  as  such  and  $4  per  diem  for  each  day  they  maybe  employed 
as  such,  and  an  itemized  account  shall  be  made  a  part  of  their  report  to  the 
governor,  and  no  mileage  shall  be  allowed  or  paid. 

SEC.  85.  The  president,  board  of  regents,  and  faculty  may  graduate  any  student 
of  the  nnivi-rsity  found  (after  proper  examination)  duly  qualified,  And  shall  cer- 
tify the  same  by  affixing  the  seal  of  the  university  to  his  diploma.  (1872-73, 
1881.) 

SEC.  86.  The  fund  derived  from  the  sale  of  United  States  land  warrants  which 
have  been  donated  to  this  State  for  the  purpose  of  endowing  an  agricultural  col- 
lege shall  be  invested  by  the  governor  in  a  loan  of  public  stock  of  the  United 
States,  or  otherwise,  as  required  by  Congress,  for  the  use  and  benefit  of  the  said 
university.  (1872-73,  1881.) 

SEC.  86a.  I.  The  State  of  West  Virginia  hereby  assents  to  and  accepts  from  the 
Government  of  the  United  States  the  grants  of  money  authorized  by  said  act  of 
Congress  [of  March  2,  1887] ,  and  assents  to  the  purpose  of  said  grants. 

II.  The  bulletins  and  annual  reports  required  to  be  published  under  section  4 
of  said  act  shall  be  printed  at  the  expense  of  the  State,  by  the  State  printer,  in 
such  editions  or  numbers  as  the  mailing  list  of  the  experiment  station  shall  indi- 
cate as  being  required,  and  shall  be  distributed  by  the  station  free  of  all  charge 
to  farmers  and  other  citizens  of  the  State  deserving  the  same.  (1889.) 

SEC.  986.  I.  The  legislature  of  the  State  of  West  Virginia  hereby  accepts  for 
said  State  the  terms  and  provisions  of  the  said  act  of  the  Congress  of  the  United 
States  approved  August  30,  1890,  for  the  objects  and  purposes  mentioned  and 
declared  therein,  and  designates  the  "  West  Virginia  University,"  established  in 
pursuance  of  the  act  of  the  Congress  of  the  United  States  passed  July  2, 1862,  and 
a  subsequent  act  passed  by  said  Congress  on  April  19, 1864,  at  Morgan  town,  in  the 
county  of  Monongalia,  in  this  State,  as  the  beneficiary  of  said  appropriation  for 
the  instruction  of  white  students;  and  an  institution  to  be  located  and  provided 
for  the  purpose  as  hereinafter  required  and  directed  in  the  county  of  Kanawha, 
to  be  called  "  The  West  Virginia  Colored  Institute,"  for  the  beneficiary  of  said 
appropriation  for  the  instruction  of  colored  students;  to  be  paid  to  each  in  the 
proportion  mentioned  in  the  preamble  to  this  act.  [For  the  West  Virginia  Col- 
ored Institute,  $3,000  per  annum  for  five  years,  and  after  that  time  $5,000  as  long 
as  the  appropriation  continues.]  And  the  said  institution,  by  the  name  of  "  The 
West  Virginia  Colored  Institute,"  shall  have  and  hold  all  the  property,  funds, 
rights,  powers,  and  privileges  hereinafter  mentioned. 

II  [as  amended  by'Laws,  1901,  chapter  50,  approved  February  20, 1901].  For  the 

or  THE 
IrNJVPBAJTV 


216  EDUCATION    REPORT,  1903. 

government  and  control  of  said  institute  there  shall  be  a  board  of  regents,  consist- 
ing of  the  State  superintendent  of  free  schools  and  six  other  competent  persons, 
not  more  than  four  of  whom  shall  belong  to  the  same  political  party,  to  be  called 
the  ''regents  of  the  West  Virginia  Colored  Institute,"  and  as  such  board  they 
may  sue  and  be  sued,  plead  and  be  impleaded,  and  have  a  common  seal.  The  gov- 
ernor shall,  between  March  15  and  May  15,  1901,  and  every  four  years  thereafter, 
nominate  and,  by  and  with  the  advice  and  consent  of  the  senate,  appoint  said  six 
regents,  whose  term  of  office  shall  begin  on  June  1  next  following  their  appoint- 
ment and  continue  for  four  years  and  until  their  successors  are  appointed  and 
qualified.  Vacancy  in  the  office  of  regent  shall  be  filled  by  appointment  by  the 
governor  for  the  unexpired  term.  The  term  of  office  of  the  regents  now  in  office 
shall  expire  on  May  31, 1901.  Said  board  shall  have  the  care,  custody,  and  control 
of  the  property  and  funds  of  the  institute,  and  may  accept,  from  any  person  or 
persons,  gifts  of  money  or  property  for  the  use  of  said  institute,  and  all  such 
money  and  property,  when  so  received  by  them,  shall  be  held  in  trust  by  them  for 
the  use  and  benefit  of  the  institute,  and  applied  thereto  as  the  donors  may  have 
directed,  and,  if  no  such  directions  have  been  given,  as  a  majority  of  the  regents 
may  determine. 

III.  The  board  of  regents  shall  from  time  to  time  establish  such  departments  of 
education  in  literature,  science,  art,  and  agriculture,  not  inconsistent  with  the 
terms  of  the  several  acts  of  Congress  hereinbefore  referred  to,  as  they  may  deem 
expedient  and  as  the  funds  under  their  control  will  warrant,  and  purchase  such 
materials,  implements,  and  apparatus  as  may  be  requisite  to  the  proper  instruc- 
tion of  said  colored  students  in  all  said  branches  of  learning  as  to  carry  out  the 
intent  and  purposes  of  said  acts  of  Congress. 

IV  [as  amended  by  Laws,  1901,  chapter  1 ,  approved  February  23, 1901] .  The  said 
board  shall  establish  and  declare  such  rules,  regulations,  and  by-laws,  not  incon- 
sistent with  the  laws  of  the  United  States  or  of  this  State,  as  they  may  deem  nec- 
essary for  the  proper  organization,  the  tuition  of  the  students,  and  the  good  govern- 
ment of  the  institute  and  the  protection  of  the  property  belonging  thereto.  The 
regents  shall  only  be  allowed  the  necessary  expenses  incurred  by  them  in  discharg- 
ing their  duties  as  such  and  $4  per  diem  for  each  day  they  may  be  employed  as  such, 
and  an  itemized  account  shall  be  made  a  part  of  their  report  to  the  governor,  and 
no  mileage  shall  be  allowed  or  paid. 

V.  The  treasurer  of  this  State  is  hereby  designated  as  the  officer  to  receive  from 
the  Secretary  of  the  Treasury  of  the  United  States  the  said  several  sums  of  money 
so  to  be  paid  to  this  State  aforesaid  for  the  uses  and  purposes  aforesaid.     He  shall 
keep  an  exact  account  of  the  moneys  so  received,  and  shall  place  to  the  credit  of 
each  of  said  beneficiaries  thereof  its  due  proportion  of  the  same.     The  sums  so 
placed  to  the  credit  of  the  West  Virginia  University  shall  be  paid  out  by  him  on 
the  orders  of  the  board  of  regents  thereof,  and  the  sums  so  placed  to  the  credit 
of  the  West  Virginia  Colored  Institute  shall  be  paid  out  by  him  on  the  orders  of 
the  board  of  regents  of  said  institute.     And  said  treasurer  shall  include  in  his 
biennial  report  to  the  governor  a  statement  of  his  receipts  and  disbursements 
under  the  provisions  of  this  act. 

VI.  It  shall  be  the  duty  of  the  board  of  the  school  fund  to  proceed  with  all 
reasonable  dispatch  to  procure  the  necessary  quantity  of  farming  land,  not  exceed- 
ing 50  acres  in  all,  in  some  suitable  and  proper  locality  in  the  county  of  Kanawha, 
with  the  title  thereto  clear  and  unquestionable,  and  to  erect  the  necessary  build- 
ings and  make  the  necessary  improvements  thereon  for  the  purposes  of  this  act, 
and  to  comply  in  good  faith  with  the  terms  and  conditions  and  to  carry  into 
effect  the  objects  and  purposes  of  the  act  of  Congress  in  making  said  appropriations. 

VII.  And  in  order  to  enable  said  board  to  perform  the  duties  required  of  them 
by  this  act  the  sum  of  $10,000  is  hereby  appropriated  and  placed  at  their  disposal, 
payable  out  of  any  money  in  the  treasury  not  otherwise  appropriated:  Provided, 
That  said  board  may,  in  their  discretion,  borrow  the  said  sum  of  $10,000  from  the 
"school  fund,"  mentioned  in  section  4  of  article  12  of  the  constitution  of  this 
State,  at  6  per  cent  interest  per  annum,  and  execute  the  bonds  of  the  State  there- 
for, payable  with  interest  as  aforesaid  not  more  than  ten  years  from  the  date 
thereof.     (1891.) 

SEC.  9866.  Besides  prescribing  the  general  terms  upon  which  students  may  be 
admitted,  and  the  course  of  instruction,  the  regents  are  still  further  empowered  to 
admit  as  regular  students  or  cadets  of  said  institution  not  more  than  60  students, 
of  whom  each  regent  may  appoint  not  more  than  12  who  are  not  less  than  16  years 
of  age  nor  more  than  21,  whose  term  of  service  shall  not  be  less  than  two  nor  more 
than  five  years;  which  appointment  shall  be  made  upon  undoubted  evidence  of  good 
moral  character  and  sound  physical  condition.  The  cadets  admitted  under  the 
provisions  of  this  section  shall  be  entitled  to  all  the  privileges,  immunities,  educa- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  217 

tional  advantages,  and  benefits  of  the  institute  free  of  charge  for  admission,  tui- 
tion, books,  and  stationery,  and  shall  constitute  the  public  guard  of  the  institute, 
and  of  the  public  property  belonging  thereto,  and  of  the  ordnance  and  ordnance 
stores  and  camp  and  garrison  equipage,  of  which  a  sufficient  supply  shall  be 
kept  in  the  arsenal  belonging  to  the  institution.  And  the  professors  and  the 
students  of  the  institute  receiving  instruction  in  military  tactics  and  the  art  of 
war  shall  be  individually  and  collectively  responsible  for  the  preservation  and 
safe-keeping  of  arms  and  camp  equipage  belonging  to  said  institution.  (1899.) 


WISCONSIN. 

[The  following  matter  is  taken  from  the  Wisconsin  Statutes  of  1898,  enacted  at  the  adjourned 
session  of  the  legislature  commencing  August  IT,  1897,  and  approved  August  20, 1897.  In  effect 
September  1, 189».  Edited  and  annotated  by  Arthur  L.  Sanborn  and  John  R.  Berryman.  2  vols. 
Chicago,  1898.] 

SEC.  377.  There  is  established  in  this  State,  at  the  city  of  Madison,  an  institution 
of  learning  by  the  name  and  style  of  "  The  University  of  Wisconsin." 

SEC.  378  [as  amended  by  Laws,  1901,  chapter  255.  approved  May  2,  1901].  The 
government  of  the  university  shall  vest  in  a  board  of  regents,  to  consist  of  one 
member  from  each  Congressional  district  and  two  from  the  State  at  large,  at  least 
one  of  whom  shall  be  a  woman ,  to  be  appointed  by  the  governor.  The  State  super- 
intendent and  the  president  of  the  university  shall  be  ex  officio  members  of  said 
board.  Said  president  shall  be  a  member  of  all  the  standing  committees  of  the 
board,  but  shall  have  the  right  to  vote  only  in  case  of  a  tie.  The  term  of  office 
of  the  appointed  regents  shall  be  three  years  from  the  first  Monday  in  February  in 
the  year  in  which  they  are  appointed  unless  sooner  removed  by  the  governor,  but 
appointments  to  fill  vacancies  before  the  expiration  of  the  term  shall  be  for  the 
residue  of  the  term  only. 

SEC.  379  [as  amended  by  Laws,  1903,  chapter  260] .  The  board  of  regents  and  their 
successors  in  office  shall  constitute  a  body  corporate  by  the  name  of  "  the  regents 
of  the  University  of  Wisconsin,"  and  shall  possess  all  the  powers  necessary  or 
convenient  to  accomplish  the  objects  and  perform  the  duties  prescribed  by  law, 
and  shall  have  the  custody  of  the  books,  records,  buildings,  and  all  other  property 
of  said  uni  versi ty .  The  board  shall  elect  a  president  and  a  secretary,  who  shall  per- 
form such  duties  as  may  be  prescribed  by  the  by-laws  of  the  board.  The  secretary 
shall  keep  a  faithful  record  of  all  the  transactions  of  the  board  and  of  the  execu- 
tive committee  thereof.  It  shall  be  the  duty  of  the  State  treasurer  to  have  the 
charge  of  all  securities  for  loans  and  all  moneys  belonging  to  the  university  or  in 
any  wise  appropriated  by  law  to  its  endowment  or  support,  to  collect  the  interest 
on  all  securities  held  by  him,  to  pay  out  moneys  only  upon  the  warrant  of  the  sec- 
retary of  state  as  provided  by  law,  to  keep  the  same  and  the  accounts  thereof  sep- 
arate and  distinct  from  other  public  funds,  and  particularly  distinguish  the 
accounts  of  every  fund,  according  to  the  nature  thereof,  coming  to  his  charge, 
whether  created  by  law  or  by  private  bounty,  and  to  discharge  these  and  other 
appropriate  functions  relating  thereto  subject  to  such  regulations  as  the  board 
may  adopt  not  inconsistent  with  his  official  duties,  and  he  and  his  sureties  shall  be 
liable  on  his  official  bond  as  State  treasurer  for  the  faithful  discharge  of  such 
duties. 

SEC.  380.  The  time  for  the  election  of  the  president  and  secretary  of  said  board 
and  the  duration  of  their  respective  terms  of  office,  and  the  times  for  holding  the 
regular  annual  meeting  and  such  other  meetings  as  may  be  required,  and  the 
manner  of  notifying  the  same  shall  be  determined  by  the  by-laws  of  the  board. 
A  majority  of  the  board  shall  constitute  a  quorum  for  the  transaction  of  busi- 
.  but  a  less  number  may  adjourn  from  time  to  time.  (1866.) 

.  381.  The  board  of  regents  shall  enact  laws  for  the  government  of  the  uni- 
versity in  all  its  branches;  elect  a  president  and  the  requisite  number  of  profes- 
sors, instructors,  officers,  and  employees,  and  fix  the  salaries  and  the  term  of 
office  of  each ,  and  determine  the  moral  and  educational  qualifications  of  appli- 
cants for  admission  to  the  various  courses  of  instruction;  but  no  instruction  either 
sectarian  in  religion  or  partisan  in  politics  shall  ever  be  allowed  in  any  depart- 
ment of  the  university;  and  no  sectarian  or  partisan  tests  shall  ever  be  allowed  or 
exercised  in  the  appointment  of  regents  or  in  the  election  of  professors,  teachers, 
or  other  officers  of  the  university,  or  in  the  admission  of  students  thereto,  or  for 
any  purpose  whatever.  The  board  of  regents  shall  have  power  to  remove  the 
president,  or  any  professor,  instructor,  or  officer  of  the  university  when,  in  their 
judgment,  the  interests  of  the  university  require  it.  The  board  may  prescribe 


218  EDUCATION    REPORT,   1903. 

rules  and  regulations  for  the  management  of  the  libraries,  cabinet,  museum, 
laboratories,  and  all  other  property  of  the  university  and  of  its  several  depart- 
ments, and  for  the  care  and  preservation  thereof ,  with  penalties  and  forfeitures  by 
way  of  damages  for  their  violation,  which  may  be  sued  for  and  collected  in  the 
name  of  the  board  before  any  court  having  jurisdiction  of  such  action.  They 
shall  employ  a  competent  preceptress  for  the  building  known  as  "ladies'  hall  " 
(which  shall  be  used  for  and  by  the  female  students  attending  the  university,  and 
not  otherwise) ,  who  shall  have  charge  and  general  supervision  thereof  under  such 
regulations  as  the  board  may  have  made  or  shall  adopt,  at  a  salary  of  not  more 
than  $1,500  per  year:  Provided,  That  said  preceptress  shall  perform  such  duties 
and  teach  such  classes  as  the  board  may  from  time  to  time  require. 

SEC.  382.  The  board  of  regents  are  authorized  to  expend  such  portion  of  the 
income  of  the  university  fund  as  they  may  deem  expedient  for  the  erection  of 
suitable  buildings  and  the  purchase  of  apparatus,  a  library,  cabinets,  and  addi- 
tions thereto,  and  if  they  deem  it  expedient  may  receive  in  connection  with  the 
university  any  college  in  this  State,  upon  application  of  its  board  of  trustees;  and 
such  college  so  received  shall  become  a  branch  of  the  university  and  be  subject  to 
the  visitation  of  the  regents.  (Rev.  Stat.,  1858.) 

SEC.  383.  At  the  close  of  each  biennial  fiscal  term  the  regents,  through  their 
president,  shall  make  a  report  in  detail  to  the  governor  and  the  legislature,  exhibit- 
ing the  progress,  condition,  and  wants  of  each  of  the  colleges  embraced  in  the 
university,  the  course  of  study  in  each,  the  number  of  instructors  and  students, 
the  amount  of  receipts  and  disbursements,  together  with  the  nature,  cost,  and 
results  of  all  important  investigations  and  experiments,  and  such  other  informa- 
tion as  they  may  deem  important,  one  copy  of  which  shall  be  transmitted  free  by 
the  secretary  of  state  to  all  colleges  endowed  under  the  provisions  of  the  act  of 
Congress  *  *  *  approved  July  2,  1862,  and  also  one  copy  to  the  Secretary  of 
the  Interior,  as  provided  in  said  act.  The  board  shall  also  report  to  the  governor 
as  often  as  may  seem  desirable  the  important  results  of  investigations  conducted 
by  the  director  of  •  Washburn  Observatory  and  by  other  investigators  connected 
with  the  university,  and  also  the  results  of  such  experiments  therein  relating  to 
agriculture  or  the  mechanic  arts  as  said  board  may  deem  to  be  of  special  value  to 
the  agricultural  and  mechanical  interests  of  the  State.  With  the  approval  of  the 
governor  such  number  of  copies  as  he  shall  direct,  and  of  the  Washburn  Observa- 
tory reports  not  more  than  700  copies  $  may  be  printed  by  the  State  printer  in 
separate  form,  on  good  paper,  and  with  such  appropriate  quality  of  binding  as 
the  commissioners  of  public  printing  shall  order.  Eight  hundred  copies  of  each 
of  said  reports,  when  so  directed  by  the  governor,  except  those  of  the  Washburn 
Observatory,  shall  be  delivered  to  the  legislature,  and  the  remainder  be  used  in 
exchange  for  the  publications  of  other  institutions  and  for  such  other  public  pur- 
poses as  the  regents  may  order. 

SEC.  383a  [as  amended  by  Laws,  1903,  chapter  260].  All  moneys  which  shall  be 
derived  to  the  university  from  gifts  or  other  bounties;  from  fees  of  students  in 
any  form,  less  any  rebates  allowed  under  authority  of  the  board;  from  sales  of 
farm  products  or  any  articles  of  personal  property  of  whatever  kind;  from  publi- 
cations or  advertisements  in  publications  of  the  university;  from  fees  for  services 
rendered  in  any  manner;  from  sales  or  rents  of  real  property,  or  from  any  source 
whatever  other  than  in  cases  by  law  required  to  be  paid  to  the  State  treasurer, 
may  be  paid  to  the  secretary  of  the  board  in  all  cases  where  the  board  shall 
authorize  him  to  receive  the  same;  and  such  secretary  shall,  at  least  as  often  as 
once  a  week,  pay  into  the  State  treasury  the  entire  amount  of  such  receipts  by  him, 
and  shall  on  or  before  the  10th  day  of  each  calendar  month  deliver  to  the  State 
treasurer  an  itemized  account  of  such  receipts  during  the  preceding  calendar 
month,  showing  the  amount  of  each  sum  so  received  by  him,  the  date  thereof,  the 
person  from  whom  received,  for  what  received,  and  the  particular  fund  or  account 
to  which  the  same  belongs,  save  that  the  details  of  small  receipts  may  be  omitted 
and  the  account  made  summary  in  such  cases  and  to  such  extent  as  the  secretary 
of  state  shall  prescribe  by  forms  therefor,  and  shall  verify  the  correctness  thereof 
by  his  affidavit  thereto  appended,  and  a  duplicate  thereof  he  shall  at  the  same 
time  file  with  the  secretary  of  state.  Such  account  shall  be  made  upon  forms  to 
be  prepared  and  furnished  by  the  secretary  of  state.  The  regents  may  require  of 
their  secretary  such  bond  in  such  sum  and  with  such  sureties  as  they  shall  think 
fit  and  its  renewal  when  deemed  desirable,  and  may  prescribe  regulations  for 
the  discharge  of  all  such  duties  not  inconsistent  with  law.  The  secretary  of  state 
shall  audit  and  give  his  warrant  on  the  State  treasurer  for  all  accounts  certified 
to  him  by  the  board  or  its  executive  committee,  in  the  manner  herein  provided. 
All  salaries  for  instructional  or  administrative  service,  and  also  allowances  to  fel- 
lows and  scholars,  which  have  been  fixed  by  the  board,  shall  be  certified  at  peri- 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  219 

odical  intervals  according  to  the  laws  of  the  board,  upon  rolls  showing  the  name 
of  the  person  entitled  to  receive  the  same,  the  amount  of  his  fixed  annual  salary 
or  allowance,  and  that  the  sum  so  certified  is  then  due  him  according  to  the 
method  of  periodical  payment  established  by  the  board;  upon  which  certified  roll 
the  secretary  of  state  shall  issue  his  warrant  to  each  person  therein  named  for  the 
amount  so  certified  to  be  due  to  him.  Payments  to  janitors,  laborers,  and  all 
other  employees,  and  also  to  all  persons  from  whom  milk  and  products  for  the 
dairy  are  purchased,  shall  be  made  upon  rolls  showing  the  name  of  the  party 
entitled,  for  what  service  or  object,  to  what  fund  chargeable,  and  the  amounts 
respectively  due  each,  which  shall  bs  likewise  certified  to  the  secretary  of  state  to 
be  correct  and  due,  and  he  shall  issue  thereon  his  warrant  for  the  amount  due 
each  person  upon  such  roll  to  each  such  person.  Every  other  claim  or  account 
shall  state  the  nature  and  particulars  of  the  service  rendered  or  material  fur- 
nished and  be  verified  by  the  affidavit  of  the  claimant  or  his  agent  and  filed  with 
the  secretary  of  the  regents;  and  a  roll  showing  the  name  of  each  such  person,  for 
what  service  or  object,  to  what  fund  chargeable,  and  the  amount  allowed  to  and 
due  him,  shall  be  certified,  as  aforesaid,  to  the  secretary  of  state;  upon  which  he 
shall  issue  his  warrant  for  the  proper  amount  to  the  person  entitled  thereto.  The 
board  may  enact  laws  to  govern  all  such  business  not  inconsistent  with  law,  and 
all  forms  shall  be  prepared  and  furnished  by  the  secretary  of  state.  All  warrants 
issued  pursuant  to  this  section  shall  be  labeled  "  University  warrant"  and  num- 
bered in  consecutive  order.  All  gifts,  bounties,  and  moneys  paid  in  and  appro- 
priations made  by  law  for  the  university,  its  endowment,  aid,  or  support,  when 
received  by  the  State  treasurer  shall  be  at  once  credited  to  the  proper  fund,  and  if 
received  as  part  of  the  general  fund  shall  be  forthwith  transferred  by  warrant  to 
the  proper  university  account,  and  shall  all  thenceforth  be  held  solely  for  the 
respective  uses  to  which  the  same  is  by  law  appropriated,  and  shall  never  be  em- 
ployed, diverted  to,  or  paid  out  for  any  other  use  or  purpose. 

SEC.  384.  The  president  of  the  university  shall  be  president  of  the  several  facul- 
ties and  the  executive  head  of  the  instructional  force  in  all  its  departments;  as 
such  he  shall  have  authority,  subject  to  the  board  of  regents,  to  give  general  direc- 
tion to  the  instruction  and  scientific  investigations  of  the  several  colleges,  and  so 
long  as  the  interests  of  the  institution  require  it  he  shall  be  charged  with  the  duties 
of  one  of  the  professorships.  The  immediate  government  of  the  several  colleges 
shall  be  intrusted  to  their  respective  faculties,  but  the  regents  shall  have  the  power 
to  regulate  the  courses  of  instruction  and  prescribe  the  books  or  works  to  be  used 
in  the  several  courses,  and  also  to  confer  such  degrees  and  grant  such  diplomas  as 
are  usual  in  universities  or  as  they  shall  deem  appropriate,  and  to  confer  upon  the 
faculty  by  "by-laws  the  power  to  suspend  or  expel  students  for  misconduct  or  other 
cause  prescribed  in  such  by-laws.  ( 18G6,  1869.) 

Si-x  5.  3*.").  The  object  of  the  University  of  Wisconsin  shall  be  to  provide  the  means 
of  acquiring  u  thorough  knowledge  of  the  various  branches  of  learning  connected 
with  literary,  scientific,  industrial,  and  professional  pursuits,  and  to  this  end  it  shall 
consist  of  the  following  colleges  or  departments,  to  wit: 

1.  The  college  of  letters  and  science. 

2.  The  college  of  mechanics  and  engineering. 

3.  The  college  of  agriculture. 

4.  The  college  of  law. 

5.  Such  other  colleges,  schools,  or  departments  as  now  are  or  may  from  time  to 
time  bo  added  thereto  or  connected  therewith. 

SEC.  386.  The  college  of  letters  and  science  shall  embrace  liberal  courses  of 
instruction  in  language,  literature,  philosophy,  and  science,  and  may  embrace  such 
other  branches  as  the  regents  of  the  university  shall  prescribe.  The  college  of 
mechanics  and  engineering  shall  embrace  practical  and  theoretical  instruction  in 
the  various  branches  of  mechanical  and  engineering  science  and  art,  and  may 
embrace  such  additional  branches  as  the  regents  may  determine.  The  college  of 
agriculture  shall  embrace  instruction  and  experimentation  in  the  science  of  agri- 
culture and  in  those  sciences  which  are  tributary  thereto,  and  may  embrace  such 
additional  brunches  as  the  board  of  regents  shall  determine.  The  college  of  law 
shall  consist  of  courses  of  instruction  in  the  principles  and  practices  of  law,  and 
may  include  such  other  branches  as  the  regents  may  determine. 

S  !•:<•.  387.  The  university  shall  be  open  to  female  as  well  as  to  male  students, 
under  such  regulations  and  restrictions  as  the  board  of  regents  may  deem  proper; 
and  all  able-bodied  male  students  in  whatever  college  therein  may  receive  instruc- 
tion and  discipline  in  military  tactics,  the  requisite  arms  for  which  shall  be  fur- 
nished by  the  State.  Any  person  who  has  graduated  from  a  regular  collegiate 
course  at  the  university  and  after  such  graduation  shall  furnish  evidence  to  the 
State  superintendent  of  good  moral  character  and  of  successful  teaching  for  one 


220  EDUCATION    REPOKT,   1903. 

school  year  in  a  public  school  of  this  State,  may  have  his  diploma  countersigned 
by  said  superintendent,  which  shall  then  have  the  force  and  effect  of  a  limited 
State  certificate,  subject  to  the  exercise  of  the  power  vested  in  the  State  superin- 
tendent to  revoke  the  right  given  by  his  signature  to  such  diploma.  (1866,  1867, 
1878,  1895.) 

SEC.  388  [as  amended  by  Laws,  1901,  chapter  344].  No  student  who  shall  have 
been  a  resident  of  the  State  for  one  year  next  preceding  his  admission  at  the 
beginning  of  any  academic  year  shall  be  required  to  pay  any  fees  for  tuition  in 
the  university  except  in  the  law  department  and  for  extra  studies.  The  regents 
may  prescribe  rates  of  tuition  for  any  pupil  in  the  law  department,  or  who  shall 
not  have  been  a  resident  as  aforesaid,  and  for  teaching  extra  studies.  Attendance 
at  the  university  shall  not  of  itself  be  sufficient  to  effect  a  residence. 

SEC.  389  [as  amended  by  Laws,  1903,  chapter  260],  For  the  support  and  endow- 
ment of  the  university  there  is  annually  and  permanently  appropriated: 

1.  The  university  fund  income  and  all  other  sums  of  money  appropriated  by  law 
to  such  fund. 
,    2.  The  agricultural  college  fund  income. 

3.  All  such  contributions  as  may  be  derived  from  public  or  private  bounty. 
r  The  entire  income  of  all  said  funds  shall  be  placed  at  the  disposal  of  the  board 
of  regents,  thenceforth  to  be  independent  and  distinct  of  the  accounts  of  the  State 
and  for  the  support  of  the  aforesaid  colleges  or  departments  of  arts,  of  letters,  and 
such  other  colleges  and  departments  as  shall  be  established  in  or  connected  with 
the  university;  but  all  means  derived  from  other  public  or  private  bounty  shall  be 
exclusively  devoted  to  the  specific  objects  for  which  they  shall  have  been  designed 
by  the  grantor;  and  all  gifts,  grants,  bequests,  and  devises  for  the  benefit  or  advan- 
tage of  the  university  or  any  of  its  departments,  colleges,  schools,  halls,  observa- 
tories, or  institutions,  or  to  provide  any  means  of  instruction,  illustration,  or  knowl- 
edge in  connection  therewith,  whether  made  to  trustees  or  otherwise,  shall  be 
legal  and  valid  and  shall  be  executed  and  enforced  according  to  the  provisions  of 
the  instrument  making  the  same,  including  all  provisions  and  directions  in  any 
such  instrument  for  accumulation  of  the  income  of  any  fund  or  rents  and  profits 
of  any  real  estate  without  being  subject  to  the  limitations  and  restrictions  pro- 
vided by  law  in  other  cases;  but  no  such  accumulation  shall  be  allowed  to  produce 
a  fund  more  than  twenty  times  as  great  as  that  originally  given.  All  such  gifts, 
grants,  devises,  or  bequests  may  be  made  to  the  regents  of  the  university  or  to  the 
president  or  any  officer  thereof,  or  to  any  person  or  persons  as  trustees,  or  may  be 
charged  upon  any  executor,  trustee,  heir,  devisee,  or  legatee,  or  made  in  any  other 
manner  indicating  an  intention  to  create  a  trust,  and  maybe  made  as  well  for  the 
benefit  of  the  university  or  any  of  its  chairs,  faculty,  departments,  colleges, 
schools,  halls,  observatories,  or  institutions,  or  to  provide  any  means  of  instruction, 
illustration,  or  knowledge  in  connection  therewith,  or  for  the  benefit  of  any  class 
of  students  at  the  university  or  in  any  of  its  departments,  whether  by  way  of 
scholarship,  fellowship,  or  otherwise,  or  whether  for  the  benefit  of  students  in  any 
course,  subcourse,  special  course,  post-graduate  course,  summer  school  or  teach- 
ers' course,  oratorical  or  debating  course,  laboratory,  shop,  lectureship,  drill, 
gymnasium,  or  any  other  like  division  or  department  of  study,  experiment, 
research,  observation,  travel,  or  mental  or  physical  improvement  in  any  manner 
connected  with  the  university,  or  to  provide  for  the  voluntary  retirement  of  any 
of  its  faculty.  And  it  shall  not  be  necessary  in  case  of  any  such  gift,  grant, 
devise,  or  bequest  to  exactly  or  particularly  describe  the  members  of  the  class, 
group,  or  nationality  of  students  intended  to  be  the  beneficiaries,  but  it  shall  be 
sufficient  to  describe  the  class  or  group;  and  in  case  of  any  such  gift,  grant,  devise, 
or  bequest  the  regents  shall  divide  and  graduate  the  students  at  the  university  into 
such  classes  or  divisions  as  may  be  necessary  to  select  and  determine  those  belong- 
ing to  the  class  intended  by  such  gift,  grant,  devise,  or  bequest,  and  shall  deter- 
mine what  particular  persons  are  within  or  intended  by  the  same.  It  shall  be  suf- 
ficient in  any  such  gift,  grant,  devise,  or  bequest  to  describe  the  beneficiaries  as 
belonging  to  a  certain  course,  stibcourse,  department,  or  division  of  the  university, 
or  as  those  pursuing  certain  studies,  speaking  or  writing  a  certain  language  or 
languages,  belonging  to  any  nationality  or  nationalities,  or  to  one  of  the  sexes,  or 
by  any  other  description,  and  in  such  case  the  regents  shall  determine  the  persons 
so  described  as  hereinbefore  provided. 

SEC.  390  [as  amended  by  Laws,  1899,  chapter  170,  and  Laws,  1901,  chapter  322]. 
There  shall  be  levied  and  collected  annually  a  State  tax  amounting  to  the  sum  of 
$289,000,  which  amount  when  so  levied  and  collected  is  annually  appropriated  to 
the  university  fund  income  to  be  used  as  a  part  thereof  for  current  or  administra- 
tion expenditures,  and  for  the  construction  in  the  order  of  the  greatest  need  there- 
for of  such  additional  buildings  and  works  and  the  enlargement  and  repair  of 


LAWS    KELATING    TO    LAND-GRANT    COLLEGES.  221 

buildings  and  works  as  in  the  judgment  of  the  regents  shall  be  absolutely  required 
and  can  be  completed  within  the  appropriations  so  made:  Provided,  That  $40,000 
of  the  said  annual  appropriation  shall  be  applied  annually  to  the  uses  of  the  col- 
lege of  agriculture;  also  that  $22.500  thereof  shall  be  applied  annually  to  the  uses 
of  the  college  of  mechanics -and  engineering;  also  that  $3,500  thereof  shall  be 
applied  annually  to  the  uses  of  the  new  school  of  "commerce;  also  that  $2,000 
thereof  shall  be  applied  annually  to  the  uses  of  the  summer  school  of  science, 
literature,  language,  and  pedagogy  in  connection  with  the  university,  authorized 
by  section  392a;  also  that  $1,000  thereof  shall  annually  be  applied  to  the  purchase 
of  books  for  the  use  of  the  law  library  of  the  university;  and  also  that  $13,000  of 
the  said  annual  appropriation  shall  annually  be  applied  and  used  in  adding  facili- 
r  and  establishing  and  maintaining  courses  of  instruction  in  railway  and 
electrical  engineering  in  the  university.  The  commissioners  of  public  lands  may 
direct  the  State  treasurer  from  time  to  time  to  set  apart  by  way  of  loan  to  the 
fund  known  as  the  university  fund  income  for  university  uses  from  uninvested 
moneys  in  the  trust  funds  for  the  period  while  so  uninvested,  such  amount  not 
exceeding  at  any  time  the  sum  of  $75,000,  as  in  their  judgment  shall  be  prudent, 
such  loans  to  bo  repaid  to  the  trust  funds  from  the  appropriation  hereinbefore 
made  to  the  university  fund  income,  with  interest  at  the  rate  then  required  on 
deposits  made  pursuant  to  sections  160a  to  160f ,  inclusive. 

.  301.  The  sum  of  $3,000  shall  be  set  apart  annually  from  the  receipts  of  the 
tax  first  mentioned  in  the  preceding  section  for  the  maintenance  of  the  astro- 
nomical observatory  on  the  university  grounds,  to  be  expended  by  the  rogents  in 
astronomical  work  and  instruction.  And  a  like  sum  is  annually  appropriated  out 
of  the  general  fund  to  the  board  of  regents  for  the  purpose  of  enabling  said  board 
to  employ  and  maintain  a  director  of  the  Washburn  Observatory.  (1876.) 

.  :;«.»2.  The  regents  shall  each  receive  the  actual  amount  of  his  expenses  in 
traveling  to  and  from  and  in  attendance  upon  all  meetings  of  the  board  or  incurred 
in  the  performance  of  any  duty  in  pursuance  of  any  direction  of  the  board. 
Accounts  for  such  expenses,  duly  authenticated,  shall  be  audited  by  the  board  and 
be  paid  on  their  order  by  the  treasurer  out  of  the  university  fund  income.  No 
regent  shall  receive  any  pay,  mileage,  or  per  diem  except  as  above  prescribed. 
(1866.) 

SEC.  892a.  The  board  of  regents  may  maintain  the  summer  school  of  science, 
literature,  language,  and  pedagogy  heretofore  established  in  connection  with  the 
university:  Proridctl,  That  all  teachers  employed  therein  shall  be  designated  by 
the  State  superintendent  and  the  president  of  the  university. 

General  laws,  1863,  chapter  2nr>:  SK<  TI<  >x  1 .  The  lands,  rights,  powers,  and  privi- 
leges grant  i-d  to  and  conferred  upon  the  State  of  Wisconsin  by  an  act  of  Con- 
gress  approved  July  2,  1862,  are  accepted  by  the  State  of  Wisconsin 

upon  the  terms,  conditions,  and  restrictions  contained  in  said  act  of  Congress. « 
(April  2,  1863.) 

Laws.  l^.rhapterO,  as  amended  by  Laws,  1887,  chapter  62:  SECTION  1.  The  board 
of  regents  of  the  State  university  is  hereby  authorized  to  hold  institutes  for  the 
instruction  of  citizens  of  this  Stato  in  the  various  branches  of  agriculture.  Such 
institutes  shall  be  held  at  such  times  and  at  such  places  as  said  board  may  direct. 
The  said  board  shall  make  such  rules  and  regulations  as  it  may  deem  proper  for 
organizing  and  conducting  such  institutes,  and  may  employ  an  agent  or  agents 
to  pi  <r  form  such  work  in  connection  therewith  as  they  deem  best.  The  course  of 
instruction  at  such  institutes  shall  be  so  arranged  as  to  present  to  those  in  attend- 
ance the  results  of  the  most  recent  investigations  in  theoretical  and  practical 
agriculture. 

SEC.  2.  For  the  purposes  mentioned  in  the  preceding  section  the  said  board  may 
use  such  sum  as  it  may  deem  proper,  not  exceeding  the  sum  of  $12,000  in  any  one 
year,  from  the  general  fund,  and  such  amount  is  hereby  annually  appropriated  for 
that  purpose.  (March  16,  18S7.) 

Laws,  1889,  joint  resolution  No.  5:  We  hereby  accept  in  behalf  of  the  State  of 
Wisconsin  the  grant  of  all  moneys  and  all  benefits  accruing  under  the  act  of  Con- 
gress known  as  the  agricultural  experiment  station  bill,  approved  March  2,  1887, 
for  the  use  of  the  agricultural  experiment  station  of  the  University  of  Wisconsin, 
and  we  designate  the  regents  of  the  said  university  to  receive  the  same. 

The  governor  is  hereby  requested  to  forward  a  certified  copy  of  these  resolutions 
to  the  Secretary  of  the  Treasury  of  the  United  States. 

Laws.  1891,  joint  resolution  No.  3:  Legislative  assent  be  and  is  hereby  given  to 
the  purposes  and  provisions  of  an  act  of  Congress  approved  August  30,  1890, 

«The  income  from  this  land  grant  was  appropriated  to  the  University  of  Wis- 
consin by  an  act  of  the  legislature  approved  April  12,  1866. 


222  EDUCATION    REPORT,   1903. 

*  *  *  this  resolution  being  intended  to  constitute  the  legislative  assent  required 
by  section  2  of  said  act. 

Laws,  1901,  chapter  97:  SECTION  1.  *  *  *  The  several  boards  having  control 
of  the  charitable  and  penal  and  educational  institutions  of  the  State,  including  the 
normal  schools  and  State  university,  shall,  on  or  before  the  10th  day  of  January 
in  each  odd-numbered  year,  make  and  deliver  to  the  governor  a  brief,  succinct, 
detailed  report  of  all  receipts  and  expenditures  in  their  respective  offices,  boards,' 
bureaus,  or  departments  for  the  biennial  term  ending  the  first  Monday  of  January. 

SEC.  2.  The  *  *  *  regents  of  State  university  and  normal  schools  shall  in 
each  odd-numbered  year,  on  or  before  the  10th  day  of  January,  make  and  deliver 
to  the  governor  in  tabular  form  a  complete,  concise,  and  detailed  report  of  the 
expenses  of  conducting  such  *  *  normal  schools  and  State  university  for 
each  year  of  the  biennial  term,  ending  on  the  first  Monday  in  January  preceding 
the  date  of  such  report,  and  shall  accompany  such  report  with  a  like  detailed  state- 
ment or  report  of  the  receipts  and  expenses  of  conducting  such  office,  bureau, 
or  department  for  the  corresponding  years  of  the  two  preceding  biennial  terms. 
(March  28,  1901.) 

Laws,  1903,  chapter  344:  SECTION  1.  There  shall  be  levied  and  collected  annu- 
ally an  additional  State  tax  amounting  to  the  sum  of  $48,500,  which  amount  when 
so  levied  and  collected  is  annually  appropriated  to  the  university-fund  income,  to 
be  used  as  a  part  thereof,  for  current  expenditures:  Provided,  That $7, 500  thereof 
shall  be  applied  annually  to  the  uses  of  the  college  of  agriculture,  $7,500  thereof 
to  the  uses  of  the  college  of  engineering,  $4,000  thereof  to  the  uses  of  the  school 
of  commerce;  $5,000  thereof  in  aid  of  the  preinedical  course  of  instruction,  $17,000 
thereof  to  other  uses  of  the  college  of  letters  and  science,  and  $7,500  for  domestic 
science  and  allied  subjects:  Andprovided,  That  in  applying  the  same  the  regents 
may  adjust  the  expenditures  to  the  varying  needs  of  different  years. 

SEC.  2.  There  shall  be  levied  and  collected  annually  for  the  period  of  two  years 
an  additional  State  tax  amounting  annually  to  the  sum  of  $7,500,  which  amount 
when  so  levied  and  collected  is  for  the  period  aforesaid  appropriated  to  the 
university- fund  income  of  the  University  of  Wisconsin  for  the  purchase  of  books 
for  the  university  library. 

SEC.  3.  There  is  hereby  appropriated  annually  for  the  period  of  two  years  from 
the  general  fund  of  the  State,  out  of  any  moneys  not  otherwise  appropriated,  the 
sum  of  $100,000  to  the  university-fund  income  of  the  University  of  Wisconsin 
[for  certain  specified  purposes] . 

SEC.  4.  There  is  hereby  appropriated  annually  for  the  period  of  two  years  from 
the  general  fund  of  the  State,  out  of  any  moneys  not  otherwise  appropriated,  the 
additional  sum  of  $5.500  to  the  university-fund*  income  of  the  University  of  Wis- 
consin for  uses  and  purposes  as  follows,  to  wit:  [$2,500  annually  for  investiga- 
tion of  the  cranberry  industry  of  the  State;  $1,500  annually  for  investigations  on 
tobacco;  $1,500  annually  for  a  hygienic  laboratory] .  (May  20,  1903.) 


WYOMING. 

Constitution  (1889),  article  7:  SEC.  15.  The  establishment  of  the  University  of 
Wyoming  [act  of  March  4,  1886]  is  hereby  confirmed,  and  said  institution,  with 
its  several  departments,  is  hereby  declared  to  be  the  University  of  the  State  of 
Wyoming.  All  lands  which  have  been  heretofore  granted  or  which  may  be  granted 
hereafter  by  Congress  unto  the  University  as  such,  or  in  aid  of  the  instruction  to 
be  given  in  any  of  its  departments,  with*  all  other  grants,  donations,  or  devises 
for  said  university,  or  for  any  of  its  departments,  shall  vest  in  said  university, 
and  be  exclusively  used  for  the  purposes  for  which  they  were  granted,  donated,  or 
devised.  The  said  lands  may  ba  leased  on  terms  approved  by  the  land  commis- 
sioners, but  may  not  be  sold  on  terms  not  approved  by  Congress. 

SEC.  16.  The  university  shall  be  equally  open  to  students  of  both  sexes,  irrespec- 
tive of  race  or  color;  and  in  order  that  the  instruction  furnished  may  be  as  nearly 
free  as  possible,  any  amount  in  addition  to  the  income  from  its  grants  of  lands 
and  other  sources  above  mentioned  necessary  to  its  support  and  maintenance  in 
a  condition  of  full  efficiency  shall  be  raised  by  taxation  or  otherwise,  under  pro- 
visions of  the  legislature. 

SEC.  17.  The  legislature  shall  provide  by  law  for  the  management  of  the  uni- 
versity, its  lands,  and  other  property  by  a  board  of  trustees,  consisting  of  not  less 
than  seven  members,  to  be  appointed  by  the  governor,  by  and  with  the  advice  and 
consent  of  the  senate,  and  the  president  of  the  university  and  the  superintendent 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  223 

of  public  instruction,  as  members  ex  officio,  as  such  having  the  right  to  speak, 
but  not  to  vote.     The  duties  and  powers  of  the  trustees  shall  be  prescribed  by  law. 

[The  following  matter  is  taken  from  the  "  Revised  Statutes  of  Wyoming.  In  force  December 
1, 1899."  Revised,  compiled,  edited,  and  published  by  J.  A.  Van  Orsdel  and  Fenimore  Chatterton. 
Laramie,  Wyo.,  1899.] 

SEC.  485.  There  is  established  in  this  State,  at  the  city  of  Laramie,  an  institu- 
tion of  learning  under  the  name  and  style  of  "  The  University  of  Wyoming." 
(1890-91.) 

SEC.  486.  The  objects  of  such  university  shall  be  to  provide  an  efficient  means 
of  imparting  to  young  men  and  young  women,  without  regard  to  color,  on  equal 
terms,  a  liberal  education,  together  with  a  thorough  knowledge  of  the  various 
branches  connected  with  the  scientific,  industrial,  and  professional  pursuits.  To 
this  end  it  shall  embrace  colleges  or  departments  of  letters,  of  science,  and  of  the 
arts,  together  with  such  professional  or  other  departments  as  in  course  of  time 
may  be  connected  therewith.  The  department  of  letters  shall  embrace  a  liberal 
course  of  instruction  in  language,  literature,  and  philosophy,  together  with  such 
courses  or  parts  of  courses  in  the  college  or  department  of  science  as  are  deemed 
necessary.  (1890-91.) 

SEC.  487.  The  college  or  department  of  science  shall  embrace  courses  of  instruc- 
tion in  the  mathematical,  physical,  and  natural  sciences,  together  with  such 
courses  in  language,  literature,  and  philosophy  as  shall  constitute  a  liberal  educa- 
tion. The  college  or  department  of  the  arts  shall  embrace  courses  of  instruction 
in  the  practical  and  fine  arts,  especially  in  the  applications  of  science  to  the  arts 
of  mining  and  metallurgy,  mechanics,  engineering,  architecture,  agriculture, 
and  commerce,  together  with  instruction  in  military  tactics,  and  in  such  branches 
in  the  department  of  letters  as  are  necessary  to  a  proper  fitness  of  students  for 
their  chosen  pursuits,  and  as  soon  as  the  income  of  the  university  will  allow,  in 
such  order  as  the  wants  of  the  public  shall  seem  to  require,  the«aid  courses  in  the 
sciences  and  their  practical  applications  shall  be  expanded  into  full  and  distinct 
schools  or  departments.  ( 1 890-9 1 . ) 

SEC.  488.  The  government  of  the  university  shall  vest  in  a  board  of  nine  trus- 
tees to  be  appointed  by  the  governor,  three,  and  only  three,  of  whom  shall  at  all 
times  be  residents  of  the  county  of  Albany,  together  with  the  president  of  the 
university  and  the  State  superintendent  of  public  instruction  as  members  ex  officio, 
as  such  having  the  right  to  speak,  but  not  to  vote.  (1890-91. ) 

.  489.  The  term  of  office  of  the  trustees  appointed  shall  be  sir  years.  During 
each  session  of  the  legislature  the  governor  shall  nominate  and,  by  and  with 
the  advice  and  consent  of  the  senate,  appoint  successors  to  the  three  trustees 
whose  term  of  office  shall  have  expired  or  will  expire  before  the  next  session  of 
the  legislature.  Any  vacancy  in  the  board  of  trustees  caused  by  death,  resigna- 
tion, removal  from  the  State,  or  otherwise,  shall  be  filled  by  appointment  to  be 
made  by  the  governor,  which  appointment  shall  continue  until  the  next  session 
of  the  legislature,  and  no  longer,  but  no  member  of  the  faculty  while  holding  that 
position  shall  ever  ba  appointed  a  trustee.  ( 1890-91. ) 

SEC.  490.  The  board  of  trustees  and  their  successors  in  office  shall  constitute  a 
body  corporate  by  the  name  of  "The  Trustees  of  the  University  of  Wyoming." 
They  shall  passess  all  the  powers  necessary  or  convenient  to  accomplish  the  objects 
and  perform  the  duties  prescribed  by  law,  and  shall  have  the  custody  of  tli3  books, 
records,  buildings  and  all  other  property  of  the  university.  The  board  shall  have 
power  to  elect  a  president,  secretary,  and  treasurer,  who  shall  perform  such  duties 
as  are  prescribed  in  the  by-laws  of  the  board.  The  treasurer  shall  execute  such 
bond,  with  approved  sureties  in  double  the  sum  likely  to  come  into  his  hands,  for 
the  faithful  discharge  of  his  duties  as  the  board  shall  require.  The  term  of  office 
of  said  officers,  their  duties  severally,  and  the  times  for  holding  meetings  shall 
be  fixed  in  the  by-laws  of  the  board.  A  majority  of  the  board  shall  consitute  a 
quorum  for  the  transaction  of  business,  but  a  less  number  may  adjourn  from 
time  to  time,  and  all  routine  business  may  be  entrusted  to  an  executive  com- 
mittee of  three  members,  subject  to  such  conditions  as  the  by-laws  of  the  board 
shall  prescribe.  The  actual  and  necessary  traveling  expenses  of  nonresident 
members  in  attending  the  annual  meeting  of  the  board  may  be  audited  by  the 
auditing  committee  thereof  and  paid  by  warrant  on  the  treasurer  out  of  the  general 
fund  of  the  university.  ( 1890-91 . ) 

SEC.  491.  The  board  of  trustees  shall  prescribe  rules  for  the  government  of  the 
university  in  all  its  branches,  elect  the  requisite  officers,  professors,  instructors, 
and  employees,  any  of  whom  may  be  removed  for  cause,  as  well  as  fix  the  salary 
and  term  of  office  of  each,  prescribe  the  studies  to  be  pursued  and  the  text-books  to 
be  used,  and  determine  the  qualifications  of  applicants  for  admission  to  the  van- 


224  EDUCATION    KEPOKT,   1903. 

ons  courses  of  study;  but  no  instruction  either  sectarian  in  religion  or  partisan  in 
politics  shall  ever  be  allowed  in  any  department  of  the  university,  and  no  sectarian 
or  partisan  test  shall  ever  be  exercised  or  allowed  in  the  appointment  of  trustees, 
or  in  the  election  or  removal  of  professors,  teachers,  or  other  officers  of  the  uni- 
versity, or  in  the  admission  of  students  thereto,  or  for  any  purpose  whatsoever. 
The  board  of  trustees  shall  also  have  power  to  confer  such  degrees  and  grant  such 
diplomas  as  are  usual  in  universities,  or  as  they  shall  deem  appropriate;  through 
by-laws  to  confer  upon  the  faculty  the  power  to  suspend  or  expel  students  for 
causes  therein  prescribed;  to  possess  and  use  for  the  benefit  of  the  institution  all 
property  of  the  university;  to  hold,  manage,  lease,  or  dispose  of,  according  to  law, 
any  real  or  personal  estate,  as  shall  be  conducive  to  the  welfare  of  the  institution; 
to  expend  the  income  placed  under  their  control,  from  whatever  source  derived, 
and,  finally,  to  exercise  any  and  all  other  functions  properly  belonging  to  such  a 
board  and  necessary  to  the  prosperity  of  the  university  in  all  its  departments. 
(1890-91.) 

SEC.  492.  At  the  close  of  each  scholastic  year  (June  30)  the  trustees  of  the 
University  of  Wyoming,  through  their  president,  shall  make  a  report  in  detail  to 
the  governor,  exhibiting  the  progress,  condition,  and  wants  of  the  university,  and 
of  each  school  and  department  thereof,  the  course  of  study  in  each,  the  number 
of  professors  and  students,  together  with  the  nature,  costs,  and  results  of  impor- 
tant investigations,  and  such  other  information  as  they  deem  important,  or  as 
may  be  required  by  any  law  of  this  State  or  of  the  United  States.  Accompanying 
such  report,  and  as  a  part  thereof,  the  secretary  and  treasurer  of  the  board  of 
trustees  shall  unite  in  an  itemized  report  showing  the  amount  of  receipts  and 
disbursements  for  the  year  as  had  and  made  by  said  board,  showing  the  appropria- 
tion resolution  for  that  year,  showing  clearly  the  purposes  for  which  the  same 
have  been  expended,  and  the  amount  thereof  expended  upon  each  school  or  depart- 
ment of  work,  including  the  experiment  station.  Such  reports  are  to  be  printed, 
and  not  less  than  100  copies  thereof  filed  with  the  secretary  of  state  for  distribu- 
tion among  the  members  of  the  legislature  and  other  public  officers.  (1899.) 
"  SEC.  493.  The  president  and  professors  of  the  university  shall  be  styled  "  the 
faculty,"  and  shall  have  power,  as  such  body,  to  enforce  the  rules  and  regulations 
adopted  by  the  trustees  for  the  government  of  students,  to  reward  and  censure 
students  as  they  may  deserve,  and  generally  to  exercise  such  discipline,  in  har- 
mony with  the  said  regulations,  as  shall  be  necessary  for  the  good  order  of  the 
institution;  to  present  to  the  trustees  for  degrees  and  honors  such  students  as  are 
entitled  thereto,  and  in  testimony  thereof,  when  ordered  by  the  board,  suitable 
diplomas,  certificates,  or  other  testimonials,  under  seal  of  the  university  and  the 
signatures  of  the  faculty.  When,  in  course  of  time,  distinct  colleges  or  depart- 
ments of  the  university  are  duly  organized  and  in  active  operation,  the  immediate 
government  of  such  departments  shall,  in  like  manner,  be  intrusted  to  their 
respective  faculties.  (1890-91.) 

*  SEC.  494.  The  president  of  the  university  shall  be  president  of  the  several  facul- 
ties and  the  executive  head  of  all  the  departments.  As  such,  subject  to  the  board 
of  trustees,  he  shall  have  authority  to  give  general  direction  to  the  instruction 
and  investigations  of  the  several  schools  and  departments,  and,  so  long  as  the 
interests  of  the  institution  require  it,  he  maybe  charged  with  the  duties  of  one  of 
the  professorships.  (1890-91.) 

SEC.  495.  The  secretary  of  the  board  of  trustees  of  the  University  of  Wyoming 
shall  be  required,  before  entering  upon  the  duties  of  said  office,  to  take  the  oath 
of  office  provided  for  elective  officers  under  the  Constitution  of  the  State.  (1897.) 

SEC.  496.  The  secretary  of  the  board  of  trustees  of  the  University  of  Wyoming 
is  hereby  authorized  to  administer  oaths  and  affirmations  to  any  person  or  per- 
sons, in  connection  with  the  business  of  the  said  University  of  the  State  of 
Wyoming.  (1897.) 

SEC.  497.  To  the  end  that  none  of  the  youth  of  the  State  who  crave  the  benefits 
of  higher  education  may  be  denied,  and  that  all  may  be  encouraged  to  avail  them- 
selves of  the  advantages  offered  by  the  university,  tuition  shall  be  as  nearly  free  as 
possible,  and  ft  shall  be  wholly  free  to  such  students  from  each  county  as  are 
selected  and  appointed  by  the  board  of  county  commissioners  therein.  (1890-91.) 

SEC.  498.  After  any  student  has  been  graduated  from  either  of  the  chief  depart- 
ments of  the  university  and  received  the  degree  of  bachelor  of  arts,  of  letters,  of 
philosophy,  or  of  science,  and  has  had  a  subsequent  experience  as  a  successful 
teacher  of  a  public  school  in  Wyoming  for  a  period  of  one  school  year,  the  State 
superintendent  of  public  instruction  shall  have  authority  to  countersign  the 
diploma  of  such  teacher  after  such  examination  as  to  moral  character,  learning, 
and  ability  to  teach  as  to  the  said  superintendent  may  seem  proper,  and  such 


LAWS    RELATING    TO    LAND-GRANT    COLLEGES.  225 

graduate  so  tested  shall,  after  his  diploma  has  been  so  countersigned  by  the  State 
superintendent  as  aforesaid,  be  deemed  qualified  to  teach  any  of  the  public  schools 
of  this  State,  and  the  diploma  so  countersigned  shall  be  his  certificate  of  such 
qualification  until  annulled  by  the  State  superintendent  of  public  instruction. 
(1890-91.) 

SEC.  499.  The  University  of  Wyoming  having  been  designated  by  the  Secretary 
of  the  Interior  as  the  proper  institution  to  receive  and  expend  the  moneys  appro- 
priated by  an  act  of  Congress  approved  August  30, 1890,  until  such  time 
as  there  may  be  an  agricultural  college  established  in  this  State  separate  and  apart 
from  said  University  of  Wyoming,  assent  is  hereby  given  to  all  the  terms  and 
conditions  of  the  said  act  of  Congress  and  the  grants  of  money  authorized  and 
made  by  said  act  are  hereby  assented  to  and  accepted  by  the  State  of  Wyoming. 
The  treasurer  of  the  State  of  Wyoming  is  hereby  designated  as  the  proper  officer 
to  accept  and  receive  said  moneys  so  granted  by  said  act  of  Congress,  and  to  dis- 
burse the  same  in  accordance  with  the  provisions  of  section  2  of  the  said  act  of 
Congress.  (1890-91.) 

SEC.  500.  The  University  of  Wyoming  having  been  designated  by  the  Secretary 
of  the  Interior  as  the  proper  institution  to  receive  and  expend  the  moneys  appro- 
priated by  an  act  of  Congress  approved  August  30, 1890,  *  *  *  until  such  time 
as  there  may  be  an  agricultural  college  established  in  this  State  separate  and  apart 
from  the  said  University  of  Wyoming,  assent  is  hereby  given  to  all  the  terms  of 
and  conditions  of  said  act  of  Congress,  and  grants  of  money  authorized  and  made 
by  said  act,  by  the  act  of  March  2,  1887,  relative  to  the  establishment  of  agricul- 
tural experiment  stations,  or  any  other  act  for  like  purposes,  are  hereby  assented 
to  and  accepted  by  the  State  of  Wyoming.  Except  where  other  designation  is 
made  by  Congress  all  moneys  granted  or  donated  by  Congress  in  aid  of  scientific 
instruction  or  experimentation  and  set  apart  by  the  legislature  for  such  use  by  the 
University  of  Wyoming  shall  be  accepted  and  received  by  the  State  treasiirer,  and 
by  him  placed  at  the  disposal  of  the  board  of  trustees  of  the  said  university  by 
transfer  to  the  treasurer  of  said  board  for  disbursement  in  accordance  with  the 
provisions  of  the  act  or  acts  of  Congress  aforesaid.  (1890-91.) 

SEC.  501.  There  shall  be  appropriations  made  by  the  legislature  of  the  moneys 
intended  for  the  support  and  maintenance  of  the  University  of  Wyoming,  and 
such  appropriations  shall  specify  as  nearly  and  accurately  as  the  same  can  be  done 
the  specific  purposes  for  which  such  moneys  are  intended  and  may  be  used.  Such 
appropriations  shall  apply  to  and  include  all  moneys  received  by  the  university 
from  the  United  States  for  the  endowment  and  support  of  colleges  for  the  benefit 
of  agriculture  and  mechanic  arts,  but  moneys  so  received  from  the  United  States 
shall  be  appropriated,  applied,  and  used  solely  for  the  purpose  specified  in  the  acts 
of  Congress  regulating  the  same.  No  expenditure  shall  be  made  in  excess  of  such 
appropriation,  and  no  moneys  so  appropriated  shall  be  used  for  any  purpose  other 
than  that  for  which  they  are  appropriated.  (1895.) 

.  502.  The  moneys  received  under  an  act  of  Congress  approved  March  2, 1887, 
'    shall  be  appropriated,  used,  and  expended  pursuant  to  the  provisions  of 
this  chapter  and  not  otherwise.     ( 1895. ) 

SEC.  r>03.  The  trustees  of  the  university  or  college  at  Laramie,  Wyo.,  in  connec- 
tion with  which  such  experimental  station  is  established,  shall  annually,  by  reso- 
lution, specifically  appropriate  and  designate  the  uses  to  which  such  money  shall 
be  applied  and  the  purposes  for  which  the  same  shall  be  expended,  such  uses  and 
purposes  at  all  times  to  be  within  the  use  and  purpose  for  which  such  money  is 
donated  under  the  acts  of  Congress  regulating  the  same,  and  no  part  of  such 
money  shall  be  used  or  expended  in  any  manner  or  for  any  purpose  not  covered 
by  such  appropriation,  and  no  indebtedness  shall  be  contracted  or  expenditure 
made  in  excess  of  such  appropriation.  (1895.) 

[Sections  504-519  are  omitted.  They  contain  the  first  17  sections  of  chapter  92  of  the  session 
l:i\v.,  ..f  I*1.*)  <U  and  relate  to  the  establishment  of  "The  Wyoming  Agricultural  College."  By  vote 
of  the  people  in  1892  the  college  was  located  at  Lander,  Fremont  County,  but  has  not  i>een 
organized.] 

SEC.  520  [as  amended  by  Laws,  1903,  chapter  42],  During  such  time  as  the 
University  of  Wyoming  shall  be  and  remain  the  recipient  of  the  funds  donated 
by  the  United  States  Government  to  the  State,  under  the  act  of  Congress  of  March 
2,  1887,  establishing  agricultural  experiment  stations,  and  the  act  of  Congress  of 
August  30,  1890,  applying  certain  moneys  in  aid  of  agricultural  colleges,  and  all 
acts  of  Congress  amendatory  thereof  and  supplemental  thereto,  the  treasurer  of 
the  State  shall  invest,  in  the  same  class  of  securities  and  at  the  same  rate  of  inter- 
est as  provided  by  law  for  State  funds,  all  moneys  in  his  hands  derived  or  arising 

ED  1903 15 


226  EDUCATION    EEPOET,    1903. 

from  the  sale  of  the  lands,  or  any  of  them,  donated  to  this  State  by  Congress  for 
the  use  and  support  of  an  agricultural  college,  such  securities  to  be  approved  as 
other  loans  of  State  moneys  are  approved,  except  that  in  addition  thereto  they  shall 
be  approved  by  the  president  or  the  vice-president  of  the  board  of  trustees  of  the 
State  university:  Provided,  however,  That  no  profit  or  interest  from  such  loans  or 
investments  shall  be  paid  over  for  the  support  of  said  institution,  as  hereinafter 
provided,  until  all  loss  or  losses,  if  any,  out  of  the  principal  of  said  funds,  shall 
be  made  good  and  restored  out  of  said  profits  and  interest;  said  loans  or  invest- 
ments to  be  made  in  the  name  of  the  State  of  Wyoming,  the  profit  and  interest 
upon  or  derived  from  such  loans  or  investments  to  be  paid  into  the  treasury  of 
the  State,  for  use  as  provided  by  section  522,  Revised  Statutes  of  1899;  this  sec- 
tion to  apply  to  all  moneys  that  may  in  any  way  become  a  part  of  the  agricultural 
college  permanent  land  fund. 

SEC.  522.  The  net  interest  and  profit  received  and  derived  from  any  loan  or  invest- 
ment made  in  pursuance  of  the  authority  conferred  by  the  last  preceding  section 
[520]  after  all  loss  or  losses  have  been  made  good  as  aforesaid  shall  at  all  times 
be  available  for  use.  and  may  be  used  by  the  board  of  trustees  of  said  university 
for  any  purpose  connected  with  the  supporting  and  maintenance  of  the  agricul- 
tural college  at  the  University  of  Wyoming  not  inconsistent  or  in  conflict  with 
any  act  of  Congress  herein  referred  to  or  any  act  amendatory  thereof  or  supple- 
mental thereto.  (1899.) 

Laws,  1903,  chapter  42:  SECTION  1.    [This  is  ssction  520  above.] 

SEC.  2.  The  moneys  now  in  the  agricultural  college  land  income  fund,  in  the 
hands  of  the  State  treasurer,  are  hereby  constituted  a  permanent  fund,  to  be  known 
as  "The  agricultural  college  permanent  fund  of  1903,"  and  the  same  is  to  be 
loaned  or  invested  in  the  manner  described  by  section  1  of  this  act,  or  in  whatever 
manner  may  be  designated  by  law. 

SEC.  3.  All  moneys  hereafter  arising  from  the  rentals  of  lands,  known  as  "agri- 
cultural college  lands,"  the  interest  and  profits  derived  from  the  investment  of 
the  ''agricultural  college  permanent  land  fund,"  and  the  interest  and  profits 
derived  from  the  investment  of  the  "agricultural  college  permanent  fund  of 
1903  "  are  hereby  appropriated  and  made  available  for  use  and  maybe  used  by  the 
board  of  trustees  of  the  University  of  Wyoming  for  any  purpose  connected  with 
the  supporting  and  maintenance  of  the  agricultural  college  at  the  University  of 
Wyoming  not  inconsistent  or  in  conflict  with  any  act  of  Congress  referred  to  or 
any  act  amendatory  or  supplemental  thereto;  said  funds  to  be  paid  by  the  State 
treasurer  to  the  treasurer  of  the  board  of  trustees  of  the  State  University  upon 
the  warrant  of  the  State  auditor,  to  be  issued  upon  request  of  said  board  of  trus- 
tees. (February  19,  1903.) 


YC  21 123 


